My employer is refusing to recognise our union for collective bargaining.

What the Law Says

The legal framework for trade union recognition in the UK is set out in the Trade Union and Labour Relations (Consolidation) Act 1992, as amended by the Employment Relations Act 1999 and the Employment Relations Act 2004. The law provides a statutory route to recognition when voluntary agreement fails.

A union can apply for statutory recognition for collective bargaining over pay, hours, and holidays — and potentially other matters — if it meets eligibility criteria. The union must be independent, and the proposed bargaining unit must be appropriate (e.g., defined by location, occupation, or grade).

Crucially, the union must show it has the support of at least 40% of the workers in the proposed bargaining unit — and, if a ballot is held, must win majority support (55% of those voting, with at least 40% turnout).

Once an application is made to the Central Arbitration Committee (CAC), the employer has three months to respond. If no agreement is reached, the CAC may order recognition if statutory conditions are met. A successful recognition agreement lasts for a minimum of 10 years unless both parties agree otherwise.

Statutory Text

The union must have the support of at least 40 per cent of the workers in the proposed bargaining unit.

— Trade Union and Labour Relations (Consolidation) Act 1992, s. 178 — Recognition: support requirement

Statutory Text

At least 55 per cent of those voting must vote in favour of recognition, and at least 40 per cent of the workers entitled to vote must take part in the ballot.

— Trade Union and Labour Relations (Consolidation) Act 1992, s. 183(2) — Ballot requirements

Sources