Voluntary recognition of a trade union
[ch 5: page 147]Many of the statutory rights and protections explained in this Chapter depend on the union being recognised by the employer. A union is recognised when it negotiates agreements with the employer on pay and other terms and conditions on behalf of a group of workers, called a bargaining unit. This is the process known as collective bargaining. Recognition is about bargaining and negotiation, not just discussion and consultation (Working Links (Employment) Limited v Public and Commercial Services Union [2017] UKEAT/0305/12/RN).
In the UK, most union recognition is based on voluntary agreement with the employer, formalised into a written recognition agreement, known as voluntary recognition. Like most collective agreements, a voluntary recognition agreement is not legally enforceable. Instead, it is binding in honour only.