When Can Employers and Workers Apply?

The two methods of recognising membership-based trade unions to represent their members in company negotiations (e.g. on pay structure) are:

• Declarations by the Central Arbitration Committee (CAC).
• Voluntary agreements made ‘directly’ with employers.

Following a CAC declaration of recognition, employers and workers must wait three years before they can apply to have the trade union derecognised.

A successful application would mean the union ceases to represent the workforce in any of their negotiations with the employer.

Once a declaration by the Central Arbitration Committee has been made, employers can apply to derecognise a union in any of these three situations:

• A reduced workforce (e.g. the number of people employed by the company falls below 21).
• The level of union membership in the bargaining unit drops below 50%.
• Workers in the bargaining unit no longer support it (e.g. they want it to stop negotiating on their behalf).

Likewise, employees can also make an application to have a union derecognised if the workers in the bargaining unit lose support for the union and no longer want their representation.

In situations where the majority of workers lose support, they can also apply to have a non-independent union derecognised (see below).

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If the Workforce Falls Below 21

Employers can only apply to the Central Arbitration Committee to have a trade union derecognised if (both):

• At least three (3) years have passed since the recognition got declared by the Central Arbitration Committee (CAC).
• The number of employed people is less than twenty one (21) for a continuous period of at least thirteen (13) weeks.

The employer would need to provide written notice to the union asking for it to be derecognised. This must take place within five (5) days of the end of the relevant 13-week period and include:

• In which specific period of 13 weeks there were less than 21 workers and how many workers were employed during that period of time.
• The current bargaining arrangements and the date they should end (needs to be a minimum of 35 working days after making the request).

Furthermore, a copy of the letter sent to the union needs to go to the CAC (who will confirm whether it is valid – or not – within ten days).

Central Arbitration Committee
22nd Floor, Euston Tower
286 Euston Road
London
NW1 3JJ

If the Written Notice is Valid

The Central Arbitration Committee (CAC) will derecognise the trade union if your notice is valid and there will be no requirement for the employer to negotiate with them any longer.

Exceptions apply, such as when a union makes an application to the CAC in cases where they believe (either):

• The 13-week period occurred within three (3) years of getting the recognition.
• The company employed at least twenty one (21) workers during that particular time frame.

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If the Trade Union Loses Support

Employers and workers can get a union derecognised in situations where the workers in the bargaining unit no longer support it. In essence, that means they no longer want the union to negotiate on their behalf.

Asking a Union to Derecognise Voluntarily

You can ask the union to voluntarily derecognise by sending them a written request. The letter must state what the current arrangements of the union are and that you:

• Want the bargaining arrangements to end due to your understanding that the union lost support from the workers.
• Are making the request under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The union should respond to the request within ten (10) working days. Assuming they accept, you can end the existing bargaining arrangements and thus, derecognise the union.

If a Union Agrees to Negotiate

In some cases, a union will reject the request but agree to take part in further negotiations. If this happens, the parties have an extra twenty (20) working days to seek an agreement about trade union derecognition.

Note: During this period, either side can ask Acas to help resolve the dispute (and extend the negotiation period if the union agrees to it).

If a Union Rejects the Request

What if the union fails to respond to your request or decides to reject it? If this happens, you can apply to the Central Arbitration Committee to hold a secret ballot of the workers to determine whether they support union derecognition, providing (both).

• The union has already been recognised for a period longer than three (3) years.
• The CAC did not receive any applications for derecognition of the union within the previous three (3) years.

The employer would need to complete ‘paragraph 106 application form‘ and provide supporting evidence (e.g. workplace surveys) that shows (both):

• 10% (or more) of the workers in the bargaining unit want to derecognise the union.
• More than 50% of workers in the bargaining unit would be likely to vote for the derecognition.

Note: You must send the completed form along with your supporting documentation to the CAC (address above) and a copy to the union.

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If Union Membership is Under 50%

Another method of derecognising a trade union can occur if the level of membership in the bargaining unit falls to a figure less than 50%.

To do so, the Central Arbitration Committee (CAC) must have declared recognition without a ballot over three (3) years ago to derecognise the union.

But, employers can only apply to the CAC and ask them to hold a secret ballot of employees on whether to end collective bargaining, if (both):

• The Central Arbitration Committee already declared recognition of the union without a ballot and it took place more than three (3) years ago.
• The CAC did not receive any applications for derecognition of the union within the previous three (3) years.

Asking a Union to ‘Voluntarily’ Derecognise

Employers can ask the union to voluntarily derecognise by sending a written request to them, stating the current bargaining arrangements (e.g. how many workers are in the unit and where they work) with notification that:

• Less than 50% of the workers in the bargaining unit are actual union members.
• The request falls under ‘Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992’.

The union should respond to the request within ten (10) working days. Assuming they accept, you can end the existing bargaining arrangements and thus, derecognise the union.

If the Union Wants to Negotiate

As a rule, both sides have ten (10) days to try and negotiate an agreement about trade union derecognition. If the union agrees to it, you will be able to extend the negotiation period.

If the Union Rejects Your Request

Employers can apply to the Central Arbitration Committee (CAC) for them to hold a secret ballot of the workers to determine support for derecognition

Send ‘paragraph 106 application form’ and provide supporting evidence (e.g. workplace surveys) along with your supporting documentation to the CAC (address above) and forward a copy to the relevant union.

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Derecognising a Non-Independent Union

A non-independent union is one that represents employees but does not have a certificate of independence from the Certification Officer (e.g. recognised voluntarily by an employer).

Employees (or a group of workers) can apply to the CAC to get a non-independent union derecognised – any time after the employer has recognised the union.

How to Apply for a Secret Ballot

You would need to complete the ‘application under part VI of schedule A1‘ to ask the CAC to hold a secret ballot of workers. Doing so will determine whether they agree to derecognise the union.

One of the employees in the bargaining unit would need to complete and sign the application form, and provide some evidence showing that (both):

• 10% (or more) of the workers in the bargaining unit want to derecognise the union.
• More than 50% of workers in the bargaining unit would be likely to vote for the derecognition.

Note: You must send the completed form along with your supporting documentation to the CAC (address above) and a copy to the union.

After Sending an Application

The Central Arbitration Committee (CAC) will consider your application within ten (10) working days and may ask you to attend a hearing. Following that, they will (either):

• Reject the application (meaning the union continues to represent the bargaining unit).
• Accept the application allowing you a period of twenty (20) working days for negotiation.

Participating in the Negotiations

One of the principle roles of the CAC is helping all parties to reach an agreement. They can choose to extend the 20-day negotiation period (if no one opposes it) to reach one of the following outcomes:

• The workers withdraw their application and the union will continue representing the bargaining unit.
• The trade union agrees to end the arrangements and so it becomes a derecognised union.
• The negotiations fail to reach an agreement and the Central Arbitration Committee will arrange a secret ballot.

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Holding a Derecognition Ballot

It is common for employers, workers, and trade union to use negotiations to reach agreement. But, if it fails the Central Arbitration Committee (CAC) will hold a secret ballot to try and solve the dispute.

The CAC will inform everyone involved – in writing – about their intention to hold a secret ballot and how it works. The process allows workers in the bargaining unit to vote on derecognition.

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How to Complain about Unfair Practices

If another party uses unfair practices to influence a ballot (e.g. bribery or making threats) you can complain to the Central Arbitration Committee (CAC).

You would need to fill in an application form and send it to the address written on the document. The deadline for sending it is any time before the end of the day that the ballot closes.

If the Central Arbitration Committee finds evidence of unfair practices being used, they can reschedule the ballot or:

• Cancel the ballot altogether and (either):
  • Declare the result as a derecognised trade union.
  • Refuse to grant the application for union derecognition.

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After the Ballot Closes

As a rule, you get the result of the vote around forty eight hours after the closing of the ballot. To derecognise a union, those who voted in favour of ending the bargaining arrangements must be (both):

• The majority of individuals who voted.
• At least 40% of the workers in the bargaining unit.

Note: After the ballot takes place, the CAC will either refuse the application for derecognition or they will declare the union as derecognised.

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