Trade Union Recognition

Employers with 21+ workers can be required to recognise a trade union through the statutory recognition procedure in Schedule A1 of TULRCA 1992. Recognition can also be voluntary. Once recognised, the employer must consult the union on pay, hours, and holidays.

Last updated: February 2025

21+ workers

Employer size threshold

50% + of those voting

Ballot majority required

40% of bargaining unit in ballot

Minimum support

What the Law Says

Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inserted by the Employment Relations Act 1999) provides a statutory recognition procedure for employers with 21+ workers. The Central Arbitration Committee (CAC) oversees the process. Recognition requires majority support in the bargaining unit, typically demonstrated by ballot or union membership exceeding 50%.

Your Obligations as an Employer

  • Respond to recognition requests within 10 working days
  • Cooperate with CAC during the statutory recognition process
  • Bargain collectively on pay, hours and holidays once recognised
  • Not blacklist or disadvantage workers for trade union membership

What to Include in Contracts

Contracts should not contain terms discouraging union membership. If a collective agreement applies, reference it in the contract. Include a clause confirming the employee's right to join or not join a trade union without detriment.

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Common Mistakes

  • Offering inducements to workers to leave the union
  • Not engaging with the statutory recognition process in good faith
  • Changing terms and conditions without consulting the recognised union

FAQ

Can an employer derecognise a trade union?

Voluntary recognition can be ended by either party. Statutory recognition can only be ended through the CAC derecognition procedure after 3 years, if the employer has fewer than 21 workers, or if the union no longer has majority support in the bargaining unit.

What is a bargaining unit?

A bargaining unit is the group of workers covered by the collective bargaining arrangement. It is defined by agreement between the employer and union, or determined by the CAC. It should be compatible with effective management and based on factors such as work type, location, and existing arrangements.

Related Topics

Collective Bargaining

Works Council Requirements

Whistleblowing Protection

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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