Recognising and derecognising a trade union

Introduction

A trade union is an organisation of workers that aims to protect and advance the interests of its members. One of the ways it achieves this is by negotiating with employers about the pay and conditions under which its members work.

Additional services which trade unions may offer their members include financial help, legal advice and the representation of individual members at disciplinary and grievance hearings with the employer.

Where employers bargain with a trade union, they are said to 'recognise' that trade union. Where employers cease bargaining with a trade union, they are said to 'derecognise' the trade union.

There are different styles of bargaining. Increasingly, trade unions tend to emphasise the interests they share with the employer - a process known as 'partnership working'. Employers that have a good working relationship with recognised trade unions can benefit in various ways, and may have a more productive and motivated workforce as a result.

This guide explains when and how a trade union might apply to your business for recognition. It describes the procedures relating to, and the consequences of, voluntary and statutory recognition and derecognition of a trade union. Finally, it looks at the employment rights of workers covered by bargaining arrangements and their rights when unions are seeking recognition on their behalf.

Subjects covered in this guide

• Introduction
• Meaning and types of trade union recognition
• Voluntary recognition of a trade union
• Statutory recognition of a trade union - starting the procedure
• Statutory recognition of a trade union - applying to the Central Arbitration Committee
• Statutory recognition of a trade union - deciding on the bargaining unit
• Statutory recognition of a trade union - recognition ballots
• Voluntary trade union recognition within the statutory procedure
• The consequences of trade union recognition
• Statutory derecognition of a trade union - an introduction
• Statutory derecognition of a trade union owing to reduced size of workforce
• Statutory derecognition of a trade union owing to lack of support for bargaining arrangements
• Statutory derecognition of a trade union owing to falling union membership in the bargaining unit
• Derecognition of a non-independent trade union
• Statutory derecognition of a trade union - derecognition ballots
• Procedure where the original bargaining unit is no longer appropriate or has ceased to exist
• Worker rights in relation to trade union recognition or derecognition

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