Industrial Relations Advice
For UK Employers

A trade union can only force recognition on an employer if a successful application is made to the Central Arbitration Committee (CAC) and within the proposed bargaining unit (i.e. the group of workers on whose behalf the trade union would conduct collective bargaining):

• the union has at least 10% membership; and
• The majority of workers in the bargaining unit are likely to favour recognition.

Requests for recognition tend to be made informally in the first instance. Upon receiving a request for recognition it is critical that you take advice. Even if the trade union has sufficient membership, there will still be important considerations regarding the proposed bargaining unit and whether that is reasonable/appropriate, as well as whether the majority of staff support recognition.

In addition, if there is a real chance the trade union would succeed in an application for statutory recognition, there are advantages to agreeing voluntary recognition instead.

A recognition agreement sets out the terms upon which a trade union is recognised by an employer including the intention of the parties, the spirit of the agreement, what matters will be subject to information, consultation or negotiation, the number of trade union representatives permitted, the facilities for the trade union, the forum for consultation (or a JCC) and a dispute resolution process.

A recognition agreement may be voluntary, semi-voluntary or statutory, depending on how it came about.

Many recognition agreements are not legally enforceable, unless they are expressly stated to be so.

It is important that an employer takes advice when negotiating terms of recognition.

A collective agreement is an agreement between an employer and a trade union which may cover:

• terms and conditions of employment and working conditions;
• engagement/non-engagement, suspension or dismissal of staff;
• allocation of work or duties;
• disciplinary matters;
• union membership;
• facilities for trade union officials and procedures or the other machinery of collective bargaining and trade union recognition.

A collective agreement is not legally binding between the parties unless it is in writing and stated to be legally enforceable, but it may have binding consequences between a worker and their employer if it is incorporated into the worker’s contract.

Take advice immediately. Acting expeditiously is key. The union must comply with strict balloting requirements, which should be scrutinised carefully.

Ongoing discussions and negotiation with the union are important, but so too is communicating directly with affected staff and preparing for the worst.

Yes, as long as it is connected to a trade dispute, carried out at or near the place of work, carried out peacefully and balloting requirements have been met. There is a code of practice on lawful picketing which must be followed. Where it isn’t, an employer can take action.

Yes. We would need to assess the nature of the recognition agreement, the reasons for the proposed derecognition and the actual (or perceived) membership numbers within the bargaining unit. There may be little point in derecognising a trade union if they have 10% membership within the relevant bargaining unit and majority of staff support it, as the union could make an application statutory recognition in those circumstances.