Derecognise a union

Overview

Trade unions can be recognised to represent groups of employees in a company in negotiations over pay, holidays and working conditions through either:

• a voluntary agreement with the employer
• a declaration by the Central Arbitration Committee (CAC).

Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.

If the application is successful, the union will cease to represent the workforce in negotiations with the employer.

When employers can apply

Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:

• the number of people employed by the company has fallen to less than 21
• workers in the bargaining unit no longer support the union
• the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

You can apply to have a union derecognised if workers in the bargaining unit no longer support the union and don’t want to be represented by the union.

You can apply to have a non-independent union derecognised if the majority of workers do not support it.

Employers: reduced workforce

As an employer, you can apply to the Central Arbitration Committee (CAC) to have a trade union derecognised if both of the following are true:

• you’ve employed less than 21 people for a continuous 13-week period
• it is more than 3 years since recognition was declared by the CAC

You must give written notice to the union asking for the union to be derecognised. Notice must be given within 5 days of the end of the relevant 13-week period.

Your letter must include the following details:

• the specific 13-week period during which you had less than 21 workers
• the number of workers you employed in that time
• the current bargaining arrangements
• the date you want the arrangements to end - this must be at least 35 working days after the request was made

You must give a copy of the letter to the CAC. The CAC will tell you within 10 days if the notice you gave the union was valid.

Your notice is valid

The union will be derecognised and you won’t have to negotiate with them anymore, unless they make an application to the CAC because they believe that:

• the 13-week period was within 3 years of them gaining recognition
• your company employed 21 or more workers during that time

Your notice isn’t valid

You must continue with the current collective bargaining arrangements.

Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

• that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers
• what the current arrangements are
• that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

Within this period, either side can ask the Advisory, Conciliation and Arbitration Service (Acas) to help with negotiations. You may extend this period if the union agrees.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

• the union has been recognised for longer than 3 years
• there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

• at least 10% of the workers in the bargaining unit want the union to be derecognised
• a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.

Employers: union membership is less than 50%

If the Central Arbitration Committee (CAC) declared recognition without a ballot more than 3 years ago, a union can be derecognised if the level of union membership in the bargaining unit falls below 50%.

Apply to the CAC to hold a secret ballot of employees on whether collective bargaining should be ended.

You can only apply if:

• the CAC declared recognition without a ballot more than 3 years ago
• there haven’t been any applications to CAC for derecognition in the previous 3 years

Ask the union to voluntarily derecognise

You must send a written request to the unions, stating:

• that fewer than 50% of the workers in the bargaining unit are union members
• what the current bargaining arrangements are, eg how many workers are in the bargaining unit, where they work
• that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union rejects your request but is willing to negotiate

You have 10 days to negotiate an agreement about derecognition. You can extend this period if the union agrees.

The union doesn’t respond or rejects your request

Apply to CAC to hold a secret ballot of workers to see if they support derecognition.

Provide evidence (eg letters supporting your application, workplace surveys) that less than 50% of the bargaining unit are union members.

Send the completed form and your supporting documents to CAC. You must send copies of the form and evidence to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange for a secret ballot of the workers to be held if your application is successful.

You will have to continue negotiating with the union if your application fails.

Workers: union loses support

You can apply to the Central Arbitration Committee (CAC) for a secret ballot on derecognition if you believe the union no longer has the support of the bargaining unit.

You can only apply if both of these are true:

• the union has been recognised for longer than 3 years
• there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

• at least 10% of the workers in the bargaining unit want the union to be derecognised
• a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your evidence to both the union and the CAC.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs information to support your application, eg evidence of levels of union support.

Your application will either be:

• rejected and the union will continue to represent the bargaining unit
• accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

• you withdraw your application and the union continues to represent the bargaining unit
• the union agrees to end the arrangements and is derecognised
• no agreement is reached and CAC arranges a secret ballot

Workers: derecognise a non-independent union

An employee or group of workers can apply to the Central Arbitration Committee (CAC) to derecognise a non-independent union that the employer recognised voluntarily.

A non-independent union represents employees but has not been given a certificate of independence by the Certification Officer. You can check this on the Certification Officer’s website.

You can apply any time after the union has been recognised by the employer.

Apply for a secret ballot

Apply to CAC to hold a secret ballot of workers to find out if they want the union derecognsied.

The form must be completed and signed by an employee in the bargaining unit.

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

• at least 10% of the workers in the bargaining unit want the union to be derecognised
• a majority of employees in the bargaining are likely to favour an end to the bargaining arrangements

Send the completed form plus your documents to CAC. Send a signed copy of the form and evidence to the union and your employer.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

Your application will either be:

• rejected and the union will continue to represent the bargaining unit
• accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

• you withdraw your application and the union continues to represent the bargaining unit
• the union agrees to end the arrangements and is derecognised
• no agreement is reached and CAC arranges a secret ballot

Holding a derecognition ballot

When employers, workers and the union have tried to reach agreement about derecognition but failed, the Central Arbitration Committee (CAC) will hold a secret ballot.

CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.

How the ballot works

CAC will appoint a qualified independent person (QIP) who will aim to conduct the ballot within 20 working days of their appointment. The CAC may extend this period if necessary.

The QIP will provide an estimate for the cost of running the ballot. The arrangements for the ballot will be decided by the CAC after consulting the employer and the union.

The employer and the union must follow the Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition.

Complain when someone doesn’t co-operate

Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.

The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.

CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.

If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.

Complain about unfair practices

Complain to the Central Arbitration Committee (CAC) if you feel that another party is using unfair practices to influence the ballot, eg bribery or threats.

To make a complaint fill in the unfair practices application form and send it to CAC. The address is on the form.

Complaints can be made at any time up to the end of day after the ballot closes.

Where CAC finds that unfair practices were used they may:

• reschedule the ballot
• cancel the ballot and declare that the union is derecognised
• cancel the ballot and refuse the application for derecognition

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

After the ballot

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

For a union to be derecognised the majority of those voting, and at least 40% of the workers in the bargaining unit, must vote in favour of ending the bargaining arrangements.

The Central Arbitration Committee (CAC) will declare the union as derecognised or will refuse the application for derecognition.

Paying for the ballot

The employer and the union will each receive a demand from the qualified independent person (QIP) for their share of the cost of running the ballot.

This must be paid in 15 days. If either party wishes to dispute the amount they can appeal to an employment tribunal.

What you must do

As an employer, you no longer have to work with a union that’s been derecognised.

You must continue to work with a union if the CAC have refused the application for derecognition. You cannot reapply for the union to be derecognised for 3 years.