Union recognition

An employer may ‘recognise’ a trade union for a number of different purposes, and at one of a number of different ‘levels’ in terms of the range of employees and premises covered. The level of recognition may also refer to the scope of the facilities that are made available under a recognition agreement between an employer and a union.

In terms of purpose, an employer may recognise a union in respect of a number of specified matters relating to the employer’s relationship with its workforce, but not in respect of other such matters. At its highest level, an employer may recognise a trade union for the purposes of collective bargaining.

Conversely, even where a large number of employees are members of a particular trade union, the employer in question may not wish to recognise that union for any purpose, or at any level.

The right to be recognised

A statutory procedure by which trade unions may seek compulsory statutory recognition by an employer for the purpose of collective bargaining is available in certain specified circumstances. The process is complex. It is commenced by the union making a request to the

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Employment weekly highlights—5 June 2025

This edition of Employment weekly highlights includes: (1) an analysis of the recent immigration White Paper by Ben Maitland of Vanessa Ganguin Immigration Law, (2) an analysis of reforms to reduce discrimination in the Local Government Pension Scheme by David Gallagher and Daniel Fowler at Fieldfisher, (3) an EAT decision that a claimant’s aversion to wearing a mask lacked the necessary cogency, seriousness, and cohesion to qualify as a protected philosophical belief, (4) an ET decision that a teacher’s dismissal was not the result of her whistleblowing over the school’s policy on trans children, (5) an analysis of a Court of Appeal decision that UK gender recognition certificates do not allow gender to be recorded as non-binary by Harini Iyengar at 11KBW, (6) a report from the Institute for Public Policy Research on the challenges surrounding surveillance in the workplace, (7) the publication of the latest UK Stewardship Code by the Financial Reporting Council, (8) new guidance and legislation on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, (9) a successful appeal to the EAT against a ‘gisting order’ in an unfair dismissal claim amid national security concerns, (10) two new Practice Notes on providing toilet, washing and changing facilities in the workplace following the Supreme Court decision in For Women Scotland v Scottish Ministers, and on the right to disconnect produced in partnership with Rosie Moore and Simon Swaine of Lewis Silkin, (11) dates for your diary, and (12) other news items of interest to employment practitioners.

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