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Recognition agreements
[ch 5: pages 65-66]Under Regulation 6 of TUPE, trade union recognition transfers on a TUPE transfer, but only if the group of transferring employees retains a separate identity within the new employer. If not, then the recognition agreement lapses and the union must negotiate a new one. It is important that reps use the consultation period to secure agreement on recognition following the transfer.
Where both transferor and transferee recognise the same union for the group of transferring employees, that union will continue to be recognised post-transfer. However, since there will be two recognition agreements, these should be reviewed and it would normally be sensible to negotiate a single agreement.
Where the old employer recognised a union but the new employer does not, the transferee should be encouraged to recognise the union and to invite employees to join.
UNISON successfully resists derecognition after TUPE transfer
In 2013, UNISON won an important recognition victory in Yorkshire, after a company that had taken over a branch of services in Bradford, Creative Support Limited (CSL), threatened derecognition.
In April 2013, CSL took over the contract for adult-supported-living in Bradford from the city’s NHS trust and five other charity organisations.
Once the transfer was completed, CSL advised UNISON that it believed the bargaining unit had been broken up and that it was derecognising all trade unions. CSL said it would only recognise UNISON if forced to do so through a ruling for statutory recognition.
The union issued a tribunal claim for failure to consult collectively and following lengthy negotiations, a settlement was brokered through Acas, awarding UNISON a sole voluntary recognition agreement for the whole of adult supported living in Bradford, with full collective bargaining rights.