Derecognition 


Where recognition was wholly voluntary (agreed without using the statutory recognition procedure), no formal statutory mechanism or procedure needs to 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 the 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. This aspect of the legislation is being challenged in the ongoing Boots litigation discussed on the preceding pages. 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 of workers would be likely to vote to end them (TULRCA, Schedule A1, Part V1: Derecognition where the union was not independent). 


In January 2015, the CAC updated its Statutory Recognition Guide for the Parties, available online. There is also a CAC guide to Statutory Derecognition, which has not been updated since January 2012.