A recognised trade union is one which is recognised "by an employer, or two or more associated employers, to any extent, for the purpose of collective bargaining (TULRCA 1992, s.178(3)). "Recognition" is one of the two essential components needed to give it the full rights given by law to trade unions. The other essential component is that the union should be an independent trade union). A recognition dispute is within the meaning of trade dispute (TULRCA 1992, s.244(1)(g) and see Trade union matters/immunity from civil action in certain cases ).

Until new law came into force on 6th June 2000 there were no formal steps to be taken either by the employer or the union for the latter to be "recognised". If an employer negotiated with a union over any of the matters which are involved in collective bargaining, as defined, then by definition the union was automatically a "recognised trade union" so far as its relations with that employer were concerned ( SOAW v Sketchley 1981 ICR 644, EAT).

For a while (1975 to 1980) ACAS had powers which could lead to compulsory union recognition by an employer. However, this statutory recognition procedure was abandoned in 1980 (when Employment Act 1975, ss.11-16 were repealed by Employment Act 1980), mainly because the lack of detail in the statutory recognition procedures led to so many arguments and applications for judiciasl review of decisions that it became unworkable.

All this has been fundamentally changed. With effect from 6th June 2000 if an employer, together with any associated employer, employs 21 or more workers then subject to conditions a trade union which follows the correct procedures and has sufficient backing from the workforce (or more accurately the bargaining unit which it seeks to represent) can make an application to the Central Arbitration Committee which can result in enforced recognition (Employment Relations Act 1999 sched.1.1 introducing a new TULRCA 1992 sch A1, see Employment Relations Act 1999 (Commencement No 6 and Transitional Provisions) Order 2000, SI 2000/1338). The details of this process are modified by new rules in effect from 6th April 2005, set out in Employment Relations Act 2004 ss.1 to 21 which are in force from that date (see Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005, SI 2005/872).

On 22nd Dec 2004 the government issued a draft 2005 DTI code of practice for conduct of Recognition and Derecognition Ballots. This was approved by the House of Lords on 21st July 2005 (see Hansard HL col 1603, 21st July 2005 re new Codes of Practice) and came into force on 1st October 2005 (Employment Code of Practice (Access and Unfair Practices during Recognition and Derecognition Ballots) Order 2005, SI 2005/2421).

go to next updated reference in this note.

See also notes at Trade union matters/ballots and/or Institutions of employment law/Central Arbitration Committee .