The statutory recognition ballot 




If a union has recruited more than half the workers in the bargaining unit, the CAC can decide to award recognition without a ballot.

If a secret ballot is ordered, it can either be held by post, sent to the individual’s nominated address, or at the workplace, or a combination of the two. It is for the CAC to decide. There is currently no provision for online voting.



Regardless of the employer’s attitude to the union, they have a legal duty to co-operate generally with the union and the ballot scrutineer, and to give the CAC a list of workers’ names and addresses. The CAC can order a ballot to be re-run if not all workers entitled to vote were given the chance (R (on the application of Ultraframe (UK)) v CAC [2005] IRLR 641). Once a secret ballot has been ordered, unions must be given reasonable access to the workforce. There is a Code of Practice on recognition and derecognition, access and unfair practices, during recognition and derecognition ballots, available from the GOV.UK website. 




The Code outlines the arrangements that should be made to enable the union to put its case to workers in the bargaining unit. It suggests a mass meeting lasting at least 30 minutes every 10 days of the access period and, where appropriate, for “surgeries” during working hours where workers can meet with the union individually or in small groups. The union should be allowed to display material in a prominent place and where appropriate, workers should have access to information on the internet and by email. 



The Code explains the unfair practices that are prohibited during the balloting process (section 10, ERA 04), which include offers of money, threats (for example of disciplinary action) or coercion intending to influence the outcome of the ballot. It also contains a guide to fair campaigning. The Code predates the use of social media, which offers many innovative, low cost opportunities to build support for recognition, especially for “hard-to-reach” workers who are home-based or mobile, who work anti-social or variable shift patterns, or whose employer is actively hostile to recognition.




The ERA 04 introduced postal voting rights to workers absent from work on the date of the ballot.




Whatever the methods agreed, the union should have the same access to the workforce as the employer. If the employer puts out a circular with arguments against recognition, the union should be allowed to circulate its arguments in favour. The ballot cost is shared between union and employer.




To win a recognition ballot, it is not enough to secure a majority of the votes cast (50% plus one). Instead, the union needs a vote in favour from a majority of those voting and at least 40% of the workers in the bargaining unit (para 29(3), Schedule A1, TULRCA). In effect, abstentions count as votes against the union.