Recognising a trade union - the issues

Voluntary recognition of a trade union

Collective bargaining arrangements are usually voluntarily agreed between an employer and trade union on behalf of all or part of the workforce - the bargaining unit. Businesses that recognise trade unions use a combination of formal and informal agreements on the method and scope of collective bargaining.

Well-established informal methods often work well. Formal written agreements, however, prevent misunderstanding and achieve continuity and consistency. The employment relations experts Acas provides impartial information on bargaining agreements. You can get guidance on trade union recognition at the Acas website.

The agreement should set out procedural arrangements for bargaining, including:

• who the employer and union representatives are
• time off for union duties/activities
• consultation on collective redundancies - when more than 20 employees are made redundant and the business transfers
• disclosure of information about the subject of bargaining
• conduct of negotiations, ie how and when issues can be raised
• standstill arrangements, ie what should happen if deadlock is reached on an issue
• deduction of union contributions from employees' wages
• handling redundancies

Collective bargaining usually covers pay arrangements and other terms and conditions of employment. The agreement should set out the level at which negotiations will take place - for example plant/factory, company or even national level.

The agreement should also specify the bargaining methods where two or more unions are recognised, eg whether unions should bargain separately or as a single bargaining unit.

Both employers and union representatives usually need training on aspects of industrial relations and the bargaining process. Some trade unions and independent organisations provide accredited courses.

Usually, collective bargaining agreements are not governed by law. But parts of the agreement may become part of individual contracts and legally enforceable, if employer and employee agree on the specific terms.

Membership of a trade union is entirely voluntary.

Subjects covered in this guide

• Introduction
• Meaning and types of trade union recognition
• Voluntary recognition of a trade union
• Statutory recognition of a trade union
• Legal consequences of statutory recognition
• Voluntary recognition within the statutory procedure
• Grounds and procedure for statutory derecognition
• Procedure where original bargaining unit is no longer appropriate
• Worker rights during recognition or derecognition

 

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