Decision

Recognition Decision

Updated 10 March 2025

Applies to England, Scotland and Wales

Case Number: TUR1/1420(2024)

10 March 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

University and College Union (UCU)

and

BIMM University

1. Introduction

1)         The University and College Union (UCU) (the Union) submitted an application to the CAC dated 12 August 2024 that it should be recognised for collective bargaining purposes by BIMM University (the Employer) for a bargaining unit comprising “All salaried staff at pay scale 5 and below at the above Brighton campus.” The location of the bargaining unit was given as “BIMM Music Institute, 38-42 Brunswick Street West, Hove, BN3 1EL. Screen and Film School, 48A Old Steine, Brighton and Hove, Brighton BN1 1NH. IC Theatre, 55 North St, Portslade, Brighton, BN41 1DH. All of which comprise the Brighton campus of BIMM Institute.” The application was received by the CAC on 12 August 2024 and the CAC gave both parties notice of receipt of the application on 12 August 2024.  The Employer submitted a response to the CAC dated 16 August 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 Martin Kirke and Mrs Anna Berry.  Mrs Anna Berry was replaced by Mr Paul Noon on 30 September 2024. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 2 October 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 12 November 2024 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and that this was the same as the bargaining unit identified in the Union’s application to the CAC namely: “salaried staff on pay scale 5 or below employed at the Brighton BIMM campus to undertake work for Brighton BIMM.”

4)         On 14 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 19 November 2025 the Union stated that it would prefer a postal ballot. In an email dated 20 November 2025 the Employer also confirmed that it would prefer a postal ballot.

2. The Ballot

7)         On 3 February 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 17 February 2025 to be returned to the QIP by no later than Noon on 3 March 2025.

8)         The QIP reported to the CAC on 3 March 2025 that, of the 96 workers eligible to vote, 74 ballot papers had been returned. 74 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. No workers voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 77%.

9)         The CAC informed the Employer and the Union on 4 March 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 “salaried staff on pay scale 5 or below employed at the Brighton BIMM campus to undertake work for Brighton BIMM.”

Panel

Ms Naeema Choudry, Panel Chair

Mr Martin Kirke

Mr Paul Noon

10 March 2025

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1. 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). ↩