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Voluntary recognition
[ch 5: page 114]In the UK, trade union recognition is usually based on voluntary agreement with the employer, 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.
Where an employer denies that a union has achieved voluntary recognition status, then without a formal recognition agreement in place, the union must prove a history of negotiations (i.e. collective bargaining) on behalf of the group of employees it wants to represent. Mere evidence of discussions is not enough:
In Working Links v Public and Commercial Services Union [2012] UKEAT/0305/12/RN, an employer failed to consult the Public and Commercial Services Union (PCS) 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. There was a prior history of consultation and discussion with PCS in relation to previous redundancies but this was not enough, said the EAT, to establish recognition. 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.
Working Links v Public and Commercial Services Union [2012] UKEAT/0305/12/RN