Voluntary recognition

In the UK, trade union recognition is usually based on voluntary agreement between the parties, formalised into a written recognition agreement. In addition, since 2000, a statutory mechanism has been in operation enabling unions to gain recognition even when the employer is opposed to it.

Where an employer disputes that it has voluntarily recognised a union, then in the absence of a formal recognition agreement, the union must be able to show clear evidence of a history of negotiations (i.e. collective bargaining) on behalf of the employees it wants to represent, known as the bargaining unit. Mere evidence of discussions is not enough.

For example, in Working Links v Public and Commercial Services Union [2012] UKEAT/0305/12/RN, the employer failed to consult the union over collective redundancies and PCS claimed a protective award (see Chapter 11). However, there was no formal recognition agreement in place, so the claim could only succeed if PCS could prove that it was the recognised trade union for the purposes of collective bargaining. There was a prior history of consultation and discussion with the union, for example, in relation to previous redundancies. However, this was not enough, said the EAT, to establish recognition. Without a formal recognition agreement, PCS had to show a pattern of past involvement in negotiating collective agreements on behalf of these workers. It could not do this, so the claim failed.