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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
*** As of March 2025, there are increases to trade union rights on areas like recognition, industrial action, and access to the workplace. ***
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At some point, employers may face workplace conflicts that have escalated into industrial action from their workers. To reach mutual settlements, you may need to negotiate with trade unions – but only if they’re recognised.
Founded by the Trades Union Congress (TUC), ‘HeartUnions Week’ falls on 10-16 February – celebrating trade union movement across the UK. Employers should use this week to fully understand the role of trade unions, as well as how to manage the best outcome for your business during workplace conflicts.
Failing this could result in facing industrial action from workers, legal challenges from unions, and paying large compensation penalties. For further advice, contact one of our expert HR advisors free of charge today.
Now, let’s look at what steps employers need to follow when recognising (or not recognising) a trade union.
No, employers are not legally obliged to recognise trade unions. However, they may be forced to do so under statutory recognition processes. A trade union can only gain recognition in two ways: from the employer or Central Arbitration Committee (CAC).
Employers: The union must ask the employer to recognise them voluntarily. If they agree to the request, then the union is recognised.
Central Arbitration Committee: If a business with more than 21 employees doesn’t want to recognise a trade union, the union can apply for statutory recognition from CAC.
As of February 2025, a trade union's right to access will not apply to businesses that are run out of someone’s home. Only ‘qualifying’ trade unions will have a right to access, defined as unions that have an independent certificate.
This is when a trade union wants recognition from an employer on a voluntary basis. They need to express this through a written request that includes the union’s name and the names of the employees it’s representing. (This is known as the 'bargaining unit').
The request should also highlight that it’s being made under the Trade Union and Labour Relations (Consolidation) Act 1992. Employers have 10 working days to respond, choosing one of three outcomes:
Recognition: You agree to recognise the union voluntarily (and begin collective bargaining).
Rejection: You reject the request (the union may apply for statutory recognition).
Negotiation: You refuse the initial request but agree to negotiate terms.
Yes, employers have 20 working days to come to an agreement (longer if unions agree). The agreement should state which employees are in the bargaining unit. And whether the union should be recognised for collective bargaining.
If you want to negotiate terms, you have 10 days to ask ACAS for assistance. At this point, if both parties cannot agree or the union is still not recognised, the union can apply for statutory recognition through CAC.
This is when a trade union applies for statutory recognition through Central Arbitration Committee because the employer doesn’t voluntarily agree to recognise them. A trade union can only apply for recognition to CAC if:
A trade union cannot only apply for recognition if:
Yes – if employers want to challenge the application, they’ll need to send this to CAC within five working days. CAC will reply within 10 working days with one of the following decisions:
If a trade union’s application is accepted, employers need to start discussions on which employees the union will represent through the bargaining unit.
As part of negotiations, employers can agree who is in the bargaining unit with the trade union. If you cannot reach an agreement, Central Arbitration Committee will decide. They will ask employers and unions for:
Employers have five working days to send this from the application acceptance date. CAC will hold a hearing on the bargaining unit – considering the views of both parties.
The union may appoint a ‘suitable independent person’ (SIP) to communicate with the bargaining unit. Employers must provide SIPs with proper information on bargaining units. Failing this could result in remedial orders. CAC may even declare union recognition if you don’t fulfil the order.
Yes, Central Arbitration Committee can decide to hold a ballot on trade union recognition. Employees will be balloted on whether they want a union to be recognised. That’s only if the majority of employees in the bargaining unit aren’t union members. CAC may also hold a ballot if the majority of union member employees who believe any of the following:
Employers will receive a letter stating a ballot will take place; either by post, in their workplace, or both. CAC will ask for your views and the union’s before choosing what kind of ballot to hold.
The union has 10 days to withdraw its application. If not, CAC will appoint a qualified independent person (QIP) to run the ballot. (Note, ballots usually last 20 working days once the QIP is appointed). The cost of the ballot is split equally between you and the union. Employers must:
Once the ballot takes place, Central Arbitration Committee will share results within 48 hours. They'll state whether the union is recognised if the majority of employees vote to recognise the union. And at least 40% of the bargaining unit vote to recognise the union.
If CAC declares a trade union is recognised, employers must co-operate on how to collectively bargain on pay, hours, and holiday entitlement. If CAC doesn’t recognise them, the union won’t be able to apply for statutory recognition for three years. (Employers can still recognise them voluntarily if they choose).
Employers won’t need to continue negotiations if a trade union withdraws their application. They need to do this before Central Arbitration Committee either declares them as recognised or not recognised; or states they’re holding a ballot of your employees.
If the union does withdraw because you agree to recognise them, both parties need to inform CAC. You need to send them a ’joint notice to cease consideration’ – signed by yourself and the union rep. This must be done before CAC recognises the union, or up to the last day of the ballot period (which is 10 working days from when it was announced).
It’s up to employers whether they want to recognise a trade union or not. However, this is not a decision that should be taken lightly. One wrong move and you could face serious consequences for employee morale, as well as business productivity.
Peninsula offers expert advice on recognising trade unions. Our 24/7 HR advice is available 365 days a year. Want to find out more? Book a free chat with one of our HR consultants. For further information, call 0800 051 3685.
HeartUnions week 2025 | Trades Union Congress (TUC)
Trade Union and Labour Relations (Consolidation) Act 1992 | GOV
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