This Practice Note examines the statutory procedure through which trade unions may seek compulsory recognition for the purpose of collective bargaining, and the process of referral to the Central Arbitration Committee (CAC) where an employer refuses to recognise a union or negotiations fail. It considers the rules of admissibility and validity as well as the procedure to be followed in the case of competing applications. In particular, it looks at the agreement of an appropriate bargaining unit, majority support and the use of ballots and the agreement of an appropriate bargaining method. Finally, it outlines proposed changes to the recognition process, set out in the Employment Rights Bill.

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 employer for recognition for collective bargaining in respect of a proposed bargaining unit of workers (see Practice Note: Trade union recognition—Initial request procedure for statutory recognition).

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