Statutory union recognition

Note: This is our original regulation update text, published on 1 April 2005. Unlike the rest of our site, this archived material is not updated if the law changes.

For an overview of current law in this area, see our guide: Recognising a trade union - the issues

Relevant to
Employers with 21 or more workers

Took effect on
6 April 2005

From 6 April 2005, new legislation will change the process of statutory trade union recognition. If you employ 21 or more workers a union may ask you for recognition. If you agree to this, the statutory recognition process is completed.

If you ignore or refuse the request the union may apply to the Central Arbitration Committee (CAC) for recognition for all or part of your workforce. CAC will accept the application if:

• at least 10 per cent of the workers are union members
• the majority of the workers are likely to favour union recognition

The CAC will then decide whether to automatically recognise the union or hold a ballot. If a ballot is called:

• you will need to co-operate with the CAC in arranging the ballot
• you must let the union have reasonable access to your workers, and allow the workers to go to union meetings
• you should not attend the meetings or try and find out what happened at them
• you must not intimidate or unduly influence your workers during the balloting process
• the costs of the ballot will be shared by you and the union

If a majority supports recognition and makes up at least 40 per cent of the balloted workforce, you must recognise the union.

You can also apply for derecognition of a union using the same system if:

• you have employed fewer than 21 workers over any 13 week period
• three years have passed since CAC awarded recognition to the union
• you have not already made an application in the last three years

• Find out about constructive dismissals on the Department for Business, Innovation & Skills website - Opens in a new window

Full title of regulation
Employment Relations Act 2004

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