Decision

Recognition Decision

Updated 25 July 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1397(2024)

25 July 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Industrial Workers of the World

and

Escape Hunt Group Limited

1. Introduction

1)         Industrial Workers of the World (the Union) submitted an application to the Central Arbitration Committee (the CAC) on 2 April 2024 that it should be recognised for collective bargaining by Escape Hunt Group Limited (the Employer) for a bargaining unit described as “All employees that are employed as Game Masters and Supervisors at the Exeter Escape Hunt UK venue (28 High St, Exeter EX4 3HP)”.  The CAC gave both parties notice of receipt of the application on 2 April 2024.  The Employer submitted a response to the CAC dated 9 April 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 Mr Stuart Robertson, Panel Chair, and, as Members, Mr Mustafa Faruqi and Mr Paul Moloney.  The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By a decision dated 23 April 2024 the Panel accepted the Union’s application. In the Employer’s response dated 9 April 2024 it had confirmed that it agreed to the bargaining unit as proposed by the Union in its application as “All employees that are employed as Game Masters and Supervisors at the Exeter Escape Hunt UK venue (28 High St, Exeter EX4 3HP)”.

2. Issues

4)         On 29 April 2024, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with 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 Panel advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5), before arranging a secret ballot.  The parties were also asked for their views on the form of the ballot.

5)         The notification period under paragraph 24(5) of the Schedule ended on 13 May 2024.  The parties did not notify the CAC under paragraph 24(2) that they did not want a ballot to be held, as per paragraph 24(2).

6)         The parties had put forward two different types of ballots for the Panel to consider. The Employer argued for a postal ballot whereas the Union submitted that the ballot should be a workplace ballot. The Panel, having carefully considered the parties’ submissions, decided that, on the grounds of cost and practicality given the relatively small size of the agreed bargaining unit, which currently comprised 11 workers, the appropriate form of ballot in the circumstances would be a postal ballot. This decision was communicated to the parties on 14 May 2024.

3. The Ballot

7)         On 18 June 2024 the CAC appointed Involvement and Participation Association (IPA) as the balloting agency (Qualified Independent Person, QIP) to conduct the ballot was and the parties were notified accordingly. The postal ballot papers were dispatched on 3 July 2024 to be returned to the QIP by no later than noon on 17 July 2024. 10 workers were eligible to vote, a reduction of one from the figure of 11 at the time of the decision as to form of ballot.

8)         The QIP reported to the CAC on 22 July 2024 that, of the 10 workers eligible to vote, 6 ballot papers had been returned; there was no ballot paper that was found to be spoiled or otherwise invalid.  Six (6) workers, that is 100% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  The number of votes supporting the proposal as a percentage of the bargaining unit was 60%.

9)         The CAC informed the Employer and the Union on 22 July 2024 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

4. Declaration of Recognition

10)       The ballot establishes that a majority of the workers voting, and at least 40% of the workers constituting the bargaining unit, support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit.  This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.

11)       The CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “All employees that are employed as Game Masters and Supervisors at the Exeter Escape Hunt UK venue (28 High St, Exeter EX4 3HP)”.

Panel

Mr Stuart Robertson, Panel Chair

Mr Mustafa Faruqi

Mr Paul Moloney

25 July 2024