Introduction to this document

Compulsory trade union recognition flow chart 3

This flow chart indicates the requirements for a ballot for approval of recognition under the compulsory recognition procedures where the parties have failed to reach agreement.

Other documents

See our Compulsory Trade Union Recognition Flow chart 1 for a flow chart covering the validity of a request for recognition and the initial procedure, and our Compulsory Trade Union Recognition Flow chart 2 for the steps involved when a compulsory recognition request is received and an application to the Central Arbitration Committee is required because the parties have not reached agreement.

This is a complex area and the flow chart is for general guidance only. Specialist advice should be taken where a ballot for approval of recognition is needed.


Statutory recognition

The statutory recognition procedures apply to employers with 21 or more workers and to independent unions. Despite the existence of the statutory recognition procedures, relatively few unions have sought to make use of them, and it has been far more common for employers and unions to favour voluntary recognition. For unions, one key drawback of the statutory recognition procedure is that when a union has been recognised under it, collective bargaining is likely to take place around a much narrower set of issues. For employers, the statutory processes are complex and unwieldy. Many employers would prefer to agree with a union the terms of a voluntary recognition arrangement rather than have a heavily regulated statutory recognition arrangement imposed on them. If a voluntary agreement has been reached, use our Trade Union Recognition Agreement.




compulsory trade union recognition flow chart 3

05 Oct 2016
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