Case Number: TUR1/1419(2024)

20 February 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

The Pharmacists’ Defence Association Union (PDA Union)

and

Superdrug Pharmacy (Superdrug Stores Plc)

1. Introduction

1)         The Pharmacists’ Defence Association Union (the Union) submitted an application to the CAC dated 8 August 2024 that it should be recognised for collective bargaining purposes by Superdrug Pharmacy (Superdrug Stores Plc) (the Employer) for a bargaining unit comprising “all UK based General Pharmaceutical Council (GPhC) or Pharmaceutical Society of Northern Ireland (PSNI) registered pharmacists and Trainee Pharmacists, below senior management level, who are employed by Superdrug Pharmacy (Superdrug Stores Plc)”. The location of the bargaining unit was given as “Circa 200 registered pharmacy premises distributed across the UK.” The application was received by the CAC on 8 August 2024 and the CAC gave both parties notice of receipt of the application on 9 August 2024.  The Employer submitted an email to the CAC dated 9 August 2024 and thereafter a response to the CAC dated 15 August 2024 both of which were 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. Rohan Pirani, Panel Chair, and, as Members, Mr. Sean McIlveen and Ms Claire Sullivan.  The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 25 September 2024 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. On 13 November 2024 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was: “all UK based General Pharmaceutical Council (GPhC) registered pharmacists and Trainee Pharmacists, below senior management level, who are employed by Superdrug Pharmacy (Superdrug Stores Plc) excluding those registered with the Pharmaceutical Society of Northern Ireland (PSNI).” The Employer further clarified: “the bargaining unit will consist of the following worker categories for Superdrug Pharmacies in England, Scotland and Wales

• Senior Pharmacy Managers
• Pharmacy Managers
• Pharmacists
• Relief Pharmacists
• Trainee (Foundation) Pharmacists

In line with the CAC’s previous decision, Pharmacists in Northern Ireland are excluded.”

4)         On 27 November 2024, the Panel, not being satisfied that a majority of the workers constituting the bargaining unit were members of the Union, 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 Union to conduct collective bargaining on their behalf. The parties were advised that the Panel would wait until the end of the notification period,^{[footnote 1]} 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 Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

6)       In an email to the CAC Manager dated 2 December 2024 the Union stated that it would prefer a postal ballot. In an email of the same date the Employer also confirmed that it would prefer a postal ballot.

2. The Ballot

7)         On 13 January 2025 Popularis 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 28 January 2025 to be returned to the QIP by no later than Noon on 17 February 2025.

8)         The QIP reported to the CAC on 17 February 2025 that, of the 255 workers eligible to vote, 133 ballot papers had been returned. 125 workers, that is 94% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Eight (8) workers, that is 6% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 49%.

9)         The CAC informed the Employer and the Union on 19 February 2025 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 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 UK based General Pharmaceutical Council (GPhC) registered pharmacists and Trainee Pharmacists, below senior management level, who are employed by Superdrug Pharmacy (Superdrug Stores Plc) excluding those registered with the Pharmaceutical Society of Northern Ireland (PSNI).”

Panel

Mr. Rohan Pirani, Panel Chair

Mr. Sean McIlveen

Ms Claire Sullivan

20 February 2025

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