Recognition gives a trade union the right to negotiate with you on behalf of a defined group of workers, called the bargaining unit. You can recognise a union voluntarily at any time. If you refuse, a union can use the statutory procedure to ask the Central Arbitration Committee (CAC) to decide.
Answer the request
A request under the statutory procedure must be in writing, name the union and the proposed bargaining unit, and say that it is made under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992. It is valid only if you, together with any associated employers, employ at least 21 workers on the day you receive it, or an average of at least 21 over the previous 13 weeks.
You have 10 working days to reply. You can agree to recognise the union, reject the request, or reject it but say you are willing to negotiate. If you agree to negotiate, you then have 20 working days, or longer if you and the union agree, to settle the bargaining unit and whether the union is recognised. Within 10 working days of saying you will negotiate, you can propose that Acas helps.
If the union applies to the CAC
If you reject the request, do not reply, or the negotiations fail, the union can apply to the CAC. The application is admissible only if union members make up at least 10% of the proposed bargaining unit. A union cannot apply if it applied for the same unit in the last 3 years, does not hold a certificate of independence, or another union is already recognised for those workers, except in limited circumstances.
The CAC will ask you for information about the workers in the unit, which you should send within 5 working days. You can challenge the application on a form the CAC sends you, also within 5 working days. The CAC decides whether to accept the application within 10 working days, and can extend that period.
Once the CAC accepts the application, you have 5 working days to give the CAC and the union a list of the categories of worker in the proposed unit, the workplaces where they work and how many work in each category at each workplace. If you and the union cannot agree the bargaining unit, the CAC decides it.
The recognition ballot
If a majority of the workers in the bargaining unit are union members, the CAC normally declares the union recognised without a ballot. It can still order a ballot if it thinks that would help good industrial relations, or if there is credible evidence that a significant number of members do not want the union to bargain for them.
A qualified independent person appointed by the CAC runs the ballot, usually within 20 working days of being appointed, at the workplace, by post or both. You and the union share its cost equally. While it runs, you must let the union talk to the workers in the unit, must not ask workers to miss union meetings unless it is absolutely necessary, and must not threaten or act against anyone for attending one.
Since 6 April 2026, the CAC declares the union recognised if a majority of the workers who vote support it. Before then, the union also needed the support of at least 40% of the whole bargaining unit. If the union is not recognised, it cannot apply again for 3 years, but you can still recognise it voluntarily.
Bargain once the union is recognised
If the CAC declares the union recognised and you cannot agree how to bargain, the CAC can impose a method. You must then negotiate with the union on pay, hours and holidays.
Give union representatives time off
Protect union members
Legal basis
Primary legislation and key regulations