Statutory recognition


In addition to voluntary recognition, since 1999 a statutory mechanism has enabled unions to gain recognition even if the employer is opposed.
The rules governing statutory recognition are set out in a lengthy and complicated schedule to TULRCA (Schedule A1: Collective bargaining, Recognition, Part V1; TULRCA). 


There are many limitations to the statutory recognition procedure, which is generally regarded by unions as unfit for purpose. Its design is intended to strongly promote negotiation of voluntary recognition agreements, which can be reached at any stage. The CAC calls agreements reached once a union has invoked the statutory procedure “agreements for recognition” to distinguish them from wholly voluntary recognition agreements. An agreement imposed by the CAC after the parties have failed to reach agreement is known as a “statutory recognition agreement”.


In April 2017, the CAC updated its Guide to the Parties, available online from the CAC website. This sets out in detail the steps in the statutory recognition process. What follows is a summary of the key points. 




https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/671334/Part_I_Guide_for_the_Parties__December_2017_.pdf