Trade union recognition changes and derecognition

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Trade union recognition changes and derecognition
  • Administrative requirements
  • Changes affecting bargaining unit
  • Bargaining unit no longer appropriate
  • Bargaining unit ceased to exist
  • Consequences where CAC imposes new bargaining unit
  • Derecognition
  • The ways in which bargaining arrangements can be brought to an end
  • Three years must have elapsed since the CAC declaration of recognition—the ‘relevant date’
  • Employer’s notice—fewer than 21 workers
  • More...

Trade union recognition changes and derecognition

This Practice Note examines the procedure for changes to union recognition, particularly where the bargaining unit is no longer appropriate or where it has ceased to exist. It also examines the consequences of the Central Arbitration Committee (CAC) imposing a new bargaining unit. It goes on to consider the various circumstances in which derecognition may take place.

Administrative requirements

Any application to the CAC under the procedures described here regarding changes affecting bargaining units must comply with certain requirements set out in Schedule A1, Part III to the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). Any application to the CAC is not admissible unless:

  1. it is made in the form that the CAC specifies

  2. it is supported by such documents as the CAC specifies

An application which is made by a union (or unions) to the CAC under Part III of Sch A1 is not admissible unless the union gives (or unions give) to the employer:

  1. notice of the application, and

  2. a copy of the application and any documents supporting it

An application which is made by an employer to the CAC under Part III of Sch A1 is not admissible unless the employer gives to the union (or each of the unions):

  1. notice of the application, and

  2. a copy of the application and any documents supporting it

The relevant forms

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