Employers: recognise a trade union

Overview

As an employer you may need to work with trade unions that represent groups of your employees, sometimes known as bargaining units.

Trade unions will negotiate with you on working conditions, for example pay and holiday. You need to recognise the trade union before they can negotiate with you.

How a trade union gets recognition

1. The union must ask you to recognise them voluntarily - if you agree to the request then the union is recognised.

2. If you don’t want to recognise the union and have more than 21 employees, they can apply for statutory recognition from the Central Arbitration Committee (CAC).

When the union requests recognition

The union must ask you - the employer - in writing if you’ll agree to recognise them voluntarily.

The written request must:

• give the name of the union
• identify which employees will be represented by the union when it’s recognised, sometimes known as the bargaining unit
• state that the union is making the request under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

Respond to the request

You have 10 working days to respond to the request.

You can:

• agree to recognise the union voluntarily - and begin collective bargaining
• reject the request - the union may then apply for statutory recognition
• refuse the initial request but agree to negotiate

Negotiate with the union

You have 20 working days, or longer if you agree this with the union, to come to an agreement about:

• which employees are in the bargaining unit
• whether the union should be recognised for collective bargaining

You have 10 days to suggest that the Advisory, Conciliation and Arbitration Service (Acas) are brought in to assist with the negotiations.

What happens next

If you can’t agree, or you’ve agreed the bargaining unit but not recognised the union, the union can apply to the Central Arbitration Committee (CAC) for statutory recognition.

When the union applies for statutory recognition

The union can apply to the Central Arbitration Committee (CAC) for ‘statutory recognition’ if you don’t agree to recognise them voluntarily.

CAC will accept the trade union’s application for recognition if it meets the requirements, unless you challenge the application.

Providing information to the CAC

You may be asked for information by the CAC case manager who is handling the union’s application, eg how many employees are in the bargaining unit. CAC will still consider the application if you don’t provide the information.

Challenge an application

You can challenge the application if you think it doesn’t meet the requirements.

Application requirements

The union can apply if:

• they’ve sent you a copy of their application and any supporting documents
• they have at least 10% union membership within the proposed bargaining unit
• they have evidence that a majority of employees are in favour of recognition, eg a petition

They can’t apply if:

• they’ve applied for recognition in the last 3 years
• they aren’t a certified independent union
• there’s already a recognition agreement that allows another union to represent employees in the bargaining unit
• another union - representing 10% of the employees in the proposed bargaining unit - has already applied to CAC

How to complain

CAC will send you a form so you can challenge the application if you think that the union hasn’t met one or more of the requirements.

You have 5 working days to send it to CAC - the address is on the form.

You’ll hear from CAC within 10 working days. They may:

• ask for more information so they can make a decision
• reject the application if the union hasn’t met the requirements
• accept the union’s application

When the CAC accepts a union’s application

You’ll need to start discussions about which employees the union will represent, sometimes known as the bargaining unit.

Establishing the bargaining unit

The ‘bargaining unit’ is the group of employees that will be represented by the union.

You can agree who is in this unit with the union as part of your negotiations. If you don’t, the Central Arbitration Committee (CAC) will decide.

Providing information to the union and the CAC

If CAC accepts the union’s application for statutory recognition and you haven’t agreed on the bargaining unit with them, you must send CAC and the union:

• a list of the categories of employees who will be in the proposed bargaining unit, eg technical and skilled, but not managers
• a list of the places where they work
• the number of employees in each category at each workplace

You have 5 working days to send this from the date the application is accepted.

How the CAC decides on the bargaining unit

CAC will hold a hearing and decide the bargaining unit based on:

• your views and those of the union
• compatibility with effective management of your company
• existing national and bargaining arrangements

Work with a ‘suitable independent person’ (SIP)

When the bargaining unit has been agreed the union may ask CAC to appoint a SIP to communicate with employees in the bargaining unit. If this happens, you must give the SIP the names and addresses of:

• employees in the proposed bargaining unit
• any employees who join or leave the bargaining unit

When the bargaining unit has been agreed or decided

CAC will decide if there needs to be a ballot of employees.

Ballot on union recognition

Your employees will be balloted about whether they want the union to be recognised if the majority of employees in the bargaining unit aren’t members of the union.

The Central Arbitration Committee (CAC) may hold a ballot even if the majority of your employees are union members but they believe any of the following:

• it’ll help maintain good relations between you and your employees
• there’s evidence that a significant number of union members in the bargaining unit don’t want the union to represent them
• there are concerns about why some members joined the union, eg they were pressured

CAC will ask for your views and the union’s on these issues.

Before the ballot

You’ll get a letter telling you whether there’ll be a ballot. A ballot can be held at the workplace, by post or both. CAC will ask for your views and the union’s before they decide what kind of ballot to hold.

The union has 10 days to withdraw its application. If it doesn’t, CAC will appoint a qualified independent person (QIP) to run the ballot.

Your responsibilities

The cost of the ballot is split equally between you and the union.

You must:

• make sure the union can talk to employees in the bargaining unit, eg allow them to hold meetings without you
• give CAC a list of names and addresses of employees in the bargaining unit - and update it when people join or leave
• not ask employees to miss meetings, unless it’s absolutely necessary
• not threaten or take any action against a worker because they attended a meeting

The union can complain to CAC if they think you haven’t co-operated.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

CAC will declare the union is recognised if both:

• the majority of employees in the ballot vote to recognise the union
• at least 40% of the employees in the bargaining unit vote to recognise the union

If CAC declares the union is recognised

You must work with the union and work out how to collectively bargain on:

• pay
• hours
• holiday entitlement

If CAC doesn’t declare the union is recognised

The union won’t be able to apply for statutory recognition for 3 years, but you can still recognise them voluntarily.

Complaints about and from the union

You can complain to the Central Arbitration Committee (CAC) if the union tries to influence the outcome of a ballot using ‘unfair practices’, eg by trying to pressurise employees.

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

Make your complaint in writing to CAC. You can complain at any time until the day after the ballot closes.

What happens next

CAC may:

• restart the ballot process
• give the union a final warning, sometimes called a ‘remedial order’

If the union doesn’t do what the order tells it to do, CAC can cancel the ballot and declare the union is not recognised

If the union complains

The union can complain if you:

• don’t co-operate with preparations for the ballot
• use unfair practices to change the outcome of the ballot

CAC may give you a final warning if the union’s complaint is successful, sometimes called a ‘remedial order’.

CAC can also:

• restart the ballot process
• cancel the ballot and declare the union is recognised

Ending negotiations

You and the union won’t need to continue negotiations if the union withdraws its application. They must do this before the Central Arbitration Committee (CAC) either :

• declares them recognised or not recognised
• tells you that they’re holding a ballot of your employees

You’re recognising the union voluntarily

If the union is withdrawing its application because you’ve agreed to recognise them, you and the union can tell CAC by sending a ‘joint notice to cease consideration’. This means CAC will no longer be involved.

Send CAC a letter signed by both you and the representative of the union.

You must do this before CAC declares the union is recognised or up to the last day of the ballot notification period (10 working days from when CAC told you about the ballot).