If the employer and an associated employer employ fewer than 21 workers on the date of application, the application is not valid for the legislation. It is therefore voluntary for employers with fewer than 21 employees to recognize a union. The union must ask you in writing – the employer – if you agree to recognize them voluntarily. You can get useful information from the TUC, individual unions, GOV.UK and the code of conduct: access and unfair practices during recognition and withdrawal elections. Future developments at the end of this series of questions and answers summarize the changes. If the parties fail to reach an agreement, the CAC will implement a collective bargaining method that will come into effect as a legally enforceable contract between the union and the employer. Should employers recognize a union if the collective agreement unit is not established in the United Kingdom? The High Court recently ruled that if the link with Britain was « strong enough, » British trade union law would apply. The alternative action is to call or threaten workers of an employer who is not involved in a strike or other strike action. This is generally illegal and trade unions that organise such measures may lose immunity in court proceedings. « Secondary action » is defined in the 1992 Law on the Consolidation of Trade Union and Labour Relations as: Employers and trade unions are sometimes unable to conclude a voluntary recognition agreement. In these cases, the union may apply for legal recognition, provided it has met certain basic conditions: the union must have already submitted a formal application for recognition to the employer; The organization employs at least 21 workers; The union must have at least 10% members and perhaps obtain a majority in a ballot; and if the employer has proposed to include Acas, the union must have given its consent within ten working days.
Current legislation focuses on the legal recognition of trade unions. Many scientific articles have been written on the complexity of recognizing British trade union recognition. In practice, the line between recognition and non-recognition can often blur. As a general rule, unions can only refuse to accept members if they belong to certain organizations whose membership would be contrary to union rules. For example, a trade union may refuse membership of members of an extremist political party. The CAC is an independent tribunal with legal powers. It offers voluntary mediation in labour disputes and is legally responsible for adjudicating disputes relating to recognition and requests for disclosure of information for collective bargaining. In addition, requests and complaints under the Information and Consultation Regulation will be completed and disputes will be pending over the creation and operation of European Works Councils. Refusal to employ union members or blacklist them leads to prosecutions for defamation, conspiracy and violation of the Data Protection Act. An application for de-accounting can only be made after the expiry of at least three years from the declaration of recognition.
If you do not want to recognize the union and have more than 21 employees, you can apply for legal recognition from the Central Arbitration Committee (CAC).