Decision

Recognition Decision

Updated 3 October 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1335(2023)

3 October 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

NEU & NASUWT

and

Roedean School

1. Introduction

1)         NEU & NASUWT (the Unions) submitted an application to the CAC on 5 June 2023 ^{[footnote 1]} that they should be recognised for collective bargaining by Roedean School (the Employer) for a bargaining unit comprising “teachers excluding the headteacher entitled to join the Teachers’ Pension Scheme employed by Roedean School.” The location of the bargaining unit was given as Roedean School, Roedean Way, Brighton, BN2 5RQ.” The CAC gave both parties notice of receipt of the application on 6 June 2023.  The Employer submitted a response to the CAC dated 11 June 2023 which was received by the CAC on 12 June 2023 and copied to the Unions.

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 Laura Prince K.C., Panel Chair, and, as Members, Mr Mustafa Faruqi and Mr David Coats.  The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 29 June 2023 the Panel accepted the Unions application. The Panel noted in paragraph 17 of that decision that on 15 June 2023 the Unions agreed to the bargaining unit proposed by the Employer in the Employer’s response document dated 11 June 2023 which was “Teachers (excluding the Headteacher, Senior Deputy Head, Deputy Head: Academic, Deputy Head: Pastoral & Deputy Head: Co-curriculum and Partnerships) entitled to join the Teachers’ Pension Scheme employed by Roedean School.”

4)         In an e mail dated 3 July 2023 the Unions said that they were not claiming to have majority membership within the bargaining unit. However, they went on to say that they had already demonstrated that a majority of workers in the bargaining unit supported recognition and that support was continuing to grow. The Unions added “we contend that a ballot is unnecessary and not in the interests of good industrial relations as it would allow the employer to continue their campaign to place pressure on staff to withdraw their support.” On 4 July 2023, the Panel, not being satisfied that a majority of the workers constituting the bargaining unit were members of the Unions, gave notice in accordance with paragraph 23(2) of 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 Unions to conduct collective bargaining on their behalf. The parties were advised that the Panel would wait until the end of the notification period,^{[footnote 2]} as specified in paragraphs 24(2) to (7) of the Schedule, before arranging for the holding of a ballot. The parties were also asked for their views on the form the ballot should take.

5)         The notification period described in the preceding paragraph elapsed without the Unions, or the Unions and the Employer jointly, informing the CAC that a ballot was not required.

6)       On 25 July 2023 the Panel having considered the Unions letter along with the Employer’s proposal decided that a postal ballot should take place.

2. The Ballot

7)         On 23 August 2023 IPA was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly. The postal ballot papers were dispatched on 8 September 2023 to be returned to the QIP by no later than Noon on 22 September 2023. On 21 September 2023 a request was made by the Unions to extend the ballot due to delays experienced in the postal system. After due consideration the Panel extended the date by which postal ballots should be returned to the QIP until noon on 27 September 2023.

8)         The QIP reported to the CAC on 27 September 2023 that, of the 147 workers eligible to vote, 74 ballot papers had been returned. 70 workers, that is 95% of those voting, had voted to support the proposal that the Unions be recognised for the purposes of collective bargaining with the Employer.  4 workers, that is 5% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 48%.

9)         The CAC informed the Employer and the Union on 2 October 2023 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. 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 Unions 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 Unions are recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Teachers (excluding the Headteacher, Senior Deputy Head, Deputy Head: Academic, Deputy Head: Pastoral & Deputy Head: Co-curriculum and Partnerships) entitled to join the Teachers’ Pension Scheme employed by Roedean School.”

Panel

Ms Laura Prince K.C., Panel Chair

Mr Mustafa Faruqi

Mr David Coats

3 October 2023

---

1. The application submitted to the CAC on 5 June 2023 was signed and dated 19 June 2023. ↩

2. The “notification period”, in relation to notification by the union, is the period of 10 working days starting with the day on which the union receives the CAC’s notice under paragraph 23(2) or such longer period as the CAC may specify; in relation to notification by the unions and the employer, the period of 10 working days starting with the day on which the last of the parties receives the CAC’s notice or such longer period as the CAC may specify: paragraph 24(5),(6). ↩