COLLECTIVE BARGAINING: TRADE UNION RECOGNITION AND DERECOGNITION

The Employment Relations Act 1999 established a statutory procedure which enables a trade union to obtain recognition by the employer for collective bargaining purposes where the majority of the relevant workforce want this.  The 1999 Act also established a similar procedure regarding the derecognition of a trade union. Both procedures came into force on 6 June 2000.

The Employment Relations Act 2004 amended aspects of these statutory procedures.  

A description of these statutory procedures is available on the web site of the Central Arbitration Committee (CAC), the body responsible for determining applications for recognition and derecognition.

The Secretary of State has provided guidance on aspects of the statutory procedures:

First, she specified a method of collective bargaining (as set out in The Trade Union Recognition (Method of Collective Bargaining) Order 2000) which the CAC must take into account when it uses its powers to impose on an employer and a union a legally binding method of conducting collective bargaining; and 

Second, she introduced a Code of Practice on Access to Workers During Recognition and Derecognition Ballots, which gives practical guidance on the reasonable access to the affected workforce which an employer must give the union during the period of such ballots.  In December 2004 the Secretary of State undertook consultations on a revised version of this Code of Practice to reflect changes introduced by the 2004 Act.  The Code of Practice on Access and Unfair Practices During Recognition and Derecognition Ballots, gained Parliamentary approval in July 2005, and came into affect on 1 October 2005.

Related Statutory Instruments

Recognition and Derecognition Ballots (Qualified Persons) Order 2000 - SI 2000/1306 

as amended by The Recognition and Derecognition Ballots (Qualified Persons) Order 2000 (Amendment) Order 2002

The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2000 - SI 2000/1337

Useful links

The Central Arbitration Committee (CAC)
PO Box 51547
London
SE1 1ZG

Telephone: 020 7904 2300    
Email: enquiries@cac.gov.uk

Website: www.cac.gov.uk

Return to: Employment Relations Act 2004 homepage

Explanatory notes for the Employment Relations Act 2004

The Code of Practice: Access to Workers during Recognition and Derecognition Ballots 

Employment Relations Act 1999 homepage

Consultation on draft Code of Practice: Access and Unfair Practices During Recognition and Derecognition Ballots, dated 2 December 2004.

Government Response to Consultation on the draft Code of Practice: Access and Unfair Practices During Recognition and Derecognition Ballots dated June 2005.