Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

  • that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers
  • what the current arrangements are
  • that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

Within this period, either side can ask the Advisory, Conciliation and Arbitration Service (Acas) to help with negotiations. You may extend this period if the union agrees.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

  • the union has been recognised for longer than 3 years
  • there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

  • at least 10% of the workers in the bargaining unit want the union to be derecognised
  • a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

Central Arbitration Committee
PO Box 80600
London
E15 9JX

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.