Derecognition

Where recognition was voluntary, no formal statutory mechanism or procedure needs to be followed 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. Examples include the derecognition by Plymouth City Council of public services union UNISON in August 2011 after it refused to sign a new collective agreement, a decision quickly reversed after a high profile campaign. In other recent examples, Unite was derecognised by the Yorkshire Ambulance Service Trust in February 2013 after raising concerns about patient safety, and Virgin Media derecognised both the CWU and BECTU, in a move unions believe was coordinated by union-busting specialists. In the Scottish higher education sector, Robert Gordon University derecognised both the University College Union and Unite.

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 that has been granted statutory recognition. In general, statutory derecognition can only take place three years or more after recognition was granted (TULRCA, Schedule A1, 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 (see the Boots litigation discussed on pages 116-117). The application can be launched by just one member of the bargaining unit, but to proceed with the application, the CAC must be satisfied that at least 10% of workers in 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).