Complain about an unfair practice during a recognition or derecognition application
How employers and unions can complain to the Central Arbitration Committee (CAC) about an unfair practice in the union recognition or derecognition process.
Applies to England, Scotland and Wales
Please note that the following guidance applies to applications received from 30 October 2026.
Once the CAC has given notice that the application has been accepted, both the union and the employer must refrain from using any ‘unfair practice’ in relation to the application.
An unfair practice is one or more of the actions listed in the Definition of an Unfair Practice.
The / Code of Practice covers two related subjects: the union’s access to workers and the prohibition of unfair practices during a relevant application.
Make a complaint
An employer or union which wishes to make a complaint should fill in the unfair practice application form and send it to the case manager.
Any complaints must be made whilst the application is still live or within the first five working days after the last date in which workers can vote in any ballot. If a complaint is made after these deadlines, the CAC cannot consider it.
The CAC will send a copy of the complaint to the other party and invite them to respond to it.
What happens next
If an unfair practice complaint is made within the specified time, the CAC has 10 working days in which to decide whether the complaint is well founded, starting with the day following receipt of the complaint.
The CAC can extend this period and if it does so it must give reasons to the parties. If at the beginning of this decision period the ballot has not begun, the CAC can postpone it by giving a notice to the parties and the Qualified Independent person (QIP); the notice will say when the ballot will begin and the new date must be after the end of the decision period.
The case manager will tell you whether the panel will decide the matter on paper or at a hearing. The panel can postpone the ballot if necessary.
CAC’s decision
There will be a formal decision as to whether the complaint is upheld. If it is, the CAC can do one, or both, of the following:
- issue a remedial order telling the party what steps it must take, and by when, to mitigate the effect of the unfair practice
- order a new ballot
If the CAC issues a remedial order and the party concerned doesn’t comply with it, or commits a second unfair practice, the CAC can:
- if the employer is at fault, declare the union recognised
- if the union is at fault, declare that the union isn’t recognised
The CAC can also do this if the unfair practice included:
- the use of violence
- the dismissal of a union official
Order a new ballot
If the CAC orders a new ballot, or declares a union to be recognised or not recognised, it will cancel the result of the first ballot. The case manager will tell you the arrangements for any new ballot and the panel will decide what proportion of the cost each party will have to meet.