Decision

Recognition Decision

Updated 3 July 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1394(2024)

3 July 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Prospect

and

The British Academy for the Promotion of Historical Philosophical and Philological Studies

1. Introduction

1)         Prospect (the Union) submitted an application to the CAC dated 8 March 2024 that it should be recognised for collective bargaining purposes by The British Academy for the Promotion of Historical Philosophical and Philological Studies (the Employer) in respect of a bargaining unit comprising “all employees of the British Academy, except Directors and the Head of HR.” The location of the bargaining unit was given as “10-11Carlton House Terrace, London, SW1Y 5AH.” The application was received by the CAC on 8 March 2024 and the CAC gave both parties notice of receipt of the application by way of a letter dated 11 March 2024. The Employer submitted a response to the CAC dated 21 March 2024 which was amended on 25 March 2024^{[footnote 1]}and copied to the Union.

2)         In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chairman established a Panel to deal with the case. The Panel consisted of Ms Laura Prince K.C., Panel Chair, and, as Members, Mr Richard Fulham and Mr Nicholas Childs. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 17 April 2024 the Panel accepted the Union’s application. The parties having already agreed the bargaining unit as that proposed by the Union namely “all employees of the British Academy, except Directors and the Head of HR.”

4)         On 22 April 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 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 Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

6)       In a letter dated 20 May 2024 and by agreement of the parties it was confirmed that the ballot would be a postal ballot.

2. The Ballot

7)         On 28 May 2024 Mi-Voice 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 12 June 2024 to be returned to the QIP by no later than Noon on 1 July 2024.

8)         The QIP reported to the CAC on 1 July 2024 that, of the 157 workers eligible to vote, 111 ballot papers had been returned; there was one ballot paper that was found to be spoiled or otherwise invalid.  97 workers, that is 88.2% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  13 workers, that is 11.8% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 61.8%.

9)         The CAC informed the Employer and the Union on 3 July 2024 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 employees of the British Academy^{[footnote 3]}, except Directors and the Head of HR.”

Panel

Ms Laura Prince K.C., Panel Chair

Mr Richard Fulham

Mr Nicholas Childs

3 July 2024

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1. In the response document dated 25 March 2024 the Employer corrected a mistake made in its response dated 21 March 2024. The Employer said in question 8, the number of workers in the bargaining unit should be 150 (7 fewer than the total number of workers) – not 151. ↩

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).  ↩

3. The Panel note that the British Academy is an abbreviated version of the Employer’s full name which is The British Academy for the Promotion of Historical Philosophical and Philological Studies. ↩