Derecognition 



Where recognition was wholly voluntary (i.e. agreed without using the statutory recognition procedure at any stage), no formal statutory mechanism or procedure must be followed in order for an employer to derecognise a union, and there is no set timescale. In the past, formal derecognition of a union has been rare, but recent years have seen a rise in instances of voluntary derecognition. 



Where recognition was achieved using the statutory recognition procedure, the legislation sets out circumstances in which the employer or workers can apply to the CAC to formally derecognise a union. In general, statutory derecognition is only possible three years or more after recognition was granted (Schedule A1 Part II TULRCA: Voluntary Recognition, Para 56: termination of agreement for recognition, and Part 1V: Derecognition). 



Where a union lacks a certificate of independence, a worker in the bargaining unit can apply to initiate formal statutory derecognition without waiting three years. However, a union cannot apply for derecognition of a sweetheart union on this basis — only a worker(s) can apply. A recent Court of Appeal ruling, The Pharmacists Defence Association Union v Boots Management Services Limited [2017] EWCA Civ 66, has confirmed that the fact that only a worker, and not an independent union, can apply for derecognition on this basis does not breach Article 11 of the European Convention on Human Rights – the human right to freedom of association (see box on page 153).


The application can be launched by just one member of the bargaining unit, but to proceed with it, the CAC must be satisfied that at least 10% of the bargaining unit want to end current bargaining arrangements, and that a majority would be likely to vote to end them (TULRCA, Schedule A1, Part V1: Derecognition where the union was not independent).