Recognition Decision
Updated 22 January 2025
Applies to England, Scotland and Wales
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Case Number: TUR1/1418(2024)
21 January 2025
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED
The Parties:
Community
and
WorldSkills UK
1. Introduction
1) Community (the Union) submitted an application to the CAC dated 6 August 2024 that it should be recognised for collective bargaining purposes by WorldSkills UK (the Employer) in respect of a bargaining unit comprising “Executive Office, External Affairs Directorate, Finance Directorate, Operations Directorate, and Standards Directorate”. The location of the bargaining unit was given as “WorldSkills UK, Third Floor, 35 Wilton Road, London, SW1V 1LW.” The application was received by the CAC on 6 August 2024 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 5 September 2024 which was copied to the Union.
2) In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chair established a Panel to deal with the case. The Panel consisted of Ms Naeema Choudry, Panel Chair, and, as Members, Mr Rob Lummis and Ms Anna Berry. Ms Anna Berry was later replaced by Mr Nick Childs. The Case Manager appointed to support the Panel was Kate Norgate.
3) By a decision dated 25 September 2024 the Panel accepted the Union’s application. The Employer, in its response to the application, had confirmed that it agreed with the Union’s proposed bargaining unit
4) On 1 October 2024, the Panel, not being satisfied that a majority of the workers constituting the agreed bargaining unit were members of the Union, gave notice pursuant to paragraph 23(2) of Schedule A1 to the Act (the Schedule) that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. The parties were advised that the Panel would wait until the end of the notification period of ten working days, as specified in paragraph 24, before arranging for the holding of the ballot. The notification period elapsed without the Union, or the Union and the Employer jointly, informing the CAC that they did not want the CAC to arrange for the holding of the ballot.
5) Both parties were in agreement that the ballot should take the form of a postal ballot. In a letter to the parties dated 10 October 2024 the Case Manager informed the parties that the Panel had decided, in accordance with paragraph 25(4) of the Schedule, that the ballot should be a postal ballot. The parties were able, eventually, to reach agreement on access to workers during the balloting period and the CAC was notified accordingly.
2. The Ballot
6) On 29 November 2024 Kanto Elect was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly.
7) The postal ballot papers were dispatched on 16 December 2024 to be returned to the QIP by no later than noon on 7 January 2025.
8) The QIP reported to the CAC on 7 January 2025 that, of the 46 workers eligible to vote, twenty six (26) ballot papers had been returned. Fourteen (14) workers (53.8% of the valid vote) had voted to support the proposal that the Union should be recognised for the purposes of collective bargaining with the Employer. Twelve (12) workers (46.2% of the valid vote) had voted to reject the proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 30.4%.
9) The CAC informed the Employer and the Union on 8 January 2025 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. Declaration that the Union is not entitled to be recognised
10) The ballot did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union should be recognised by the Employer for the purposes of conducting collective bargaining on behalf of the bargaining unit.
11) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not entitled to be recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.
Panel
Ms Naeema Choudry, Panel Chair
Mr Rob Lummis
Mr Nick Childs
21 January 2025