Decision

Recognition Decision

Updated 4 August 2026

Applies to England, Scotland and Wales

Case Number: TUR1/1537(2026)

04 August 2026

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties: 

CWU

and

15gifts Ltd

1. Introduction

1)         CWU (the Union) submitted an application to the CAC on 15 April 2026 that it should be recognised for collective bargaining by 15gifts Ltd (the Employer) for a bargaining unit comprising of “All permanent employees, excluding contractors and those in senior leadership team (SLT, The extended leadership team (ELT), and People & Culture (HR)” based at Century House, 15-19 Dyke Road, Brighton BN1 3FE. The CAC gave both parties notice of receipt of the application on 16 April 2026. The Employer submitted a response to the CAC dated 22 April 2026 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 Laura, Prince K.C., Panel Chair, and, as Members, Mr Derek Devereux and Mr Steve Gillan. The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By its written decision dated 15 May 2026, the Panel accepted the Union’s application. Although the specified information was received within the required timeframe, the employer did not copy the Union into that information as required. The Case Manager subsequently cross‑copied the specified information to the Union on 28 May 2026, but the Union indicated that it wished to move directly to a hearing. A virtual hearing took place on 13 July 2026, at which the Panel determined that the appropriate bargaining unit was that proposed by the Union, namely: “All permanent employees, excluding contractors and those in the senior leadership team (SLT), the extended leadership team (ELT), and People & Culture (HR).”

2. Issues

4)     Paragraph 22 of Schedule A1 to the Act (the Schedule) provides that, if the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the unions, it must issue a declaration of recognition under paragraph 22(2) unless any of the three qualifying conditions specified in paragraph 22(4) applies. Paragraph 22(3) requires the CAC to hold a ballot even where it has found that a majority of workers constituting the bargaining unit are members of the union if any of these qualifying conditions is fulfilled. The three qualifying conditions are:

(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations.

(ii) the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union to conduct collective bargaining on their behalf,

(iii) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union to conduct collective bargaining on their behalf.

5)       Paragraph 22(5) provides that “membership evidence” for these purposes is:

(a) evidence about the circumstances in which union members became members, or

(b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.

The Union’s claim to majority membership and submission that it should be recognised without a ballot

6)         In an email dated 16 July 2026 the Union was asked by the CAC whether it claimed majority membership within the bargaining unit and, if so, whether it submitted that it should be granted recognition without a ballot. The Union, in an email dated 16 July 2026, stated it wanted to confirm “That the union has majority membership within the bargaining unit, as per the membership check conducted already, and that we confirm this membership has continued to grow over the period of the CAC process. We therefore submit that the union be granted recognition without a ballot”.

3. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot

7)         On 17 July 2026, the CAC copied the Union’s email of the same date to the Employer and invited the Employer to make submissions on the Union’s claim to majority membership within the bargaining unit and on the three qualifying conditions set out in paragraph 22(4) of the Schedule.

8)         In its response dated 22 July 2026 the Employer submitted that the Panel should not be satisfied, on the current evidence, that the Union holds a majority within the bargaining unit. It states that the membership check carried out in May 2026 was no longer reliable because the workforce has undergone significant change following a collective redundancy process. The Employer explained that its headcount has reduced from approximately 80 to 53 workers, and that the bargaining unit has reduced from 64 workers to 44. The Employer noted that the Union’s claimed majority, 34 out of 64 workers (53.13%) was marginal and inherently vulnerable to change through shifts in workforce composition. The Employer stated that it had no visibility of how redundancies have affected union membership within the current bargaining unit and therefore argued that there was no sound basis for concluding that the Union continued to hold a majority. The Employer said that, in these circumstances, the Schedule requires a ballot and it further argued that a ballot would be appropriate in the interests of good industrial relations under paragraph 22(4)(a), given the extent of recent structural change and the need for the current workforce to express its views. The Employer’s primary position was that the Panel should arrange a ballot and in the alternative, it asked for a fresh membership check based on the bargaining unit as currently constituted and reserves the right to make further submissions should that check indicate majority membership.

4. Considerations

9)         The Schedule requires the Panel to consider whether it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union. If the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union, it must declare the Union to be recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit unless it decides that any of the three qualifying conditions set out in paragraph 22(4) is fulfilled. If the Panel considers that any of those specific conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot. 

10)       The membership and support check conducted on 28 April 2026 showed that the number of union members in the proposed bargaining unit was 34 out of 64 workers in the bargaining unit, a membership level of 53.13%. No evidence has been received to indicate that union membership within the bargaining unit has decreased. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

11)       The Panel has considered the submissions of both parties and all the evidence in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.

Paragraph 22(4)(a)

12)       The first condition is that the Panel must be satisfied that a ballot should be held in the interests of good industrial relations. In this case, no evidence has been received to indicate that holding a secret ballot would be in the interests of good industrial relations. The Panel notes that, in its submissions, the Employer stated that the Panel should arrange a ballot and, in the alternative, requested a fresh membership check. However, the Employer did not provide evidence to demonstrate that a ballot is required on good industrial relations grounds. The Panel is therefore satisfied that this condition does not apply.

Paragraph 22(4)(b)

13)       The second condition is that the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the Union to conduct collective bargaining on their behalf. The CAC has no such evidence, and this condition does not apply.

Paragraph 22(4)(c)

14)       The third condition is that membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the Union to conduct collective bargaining on their behalf. No such evidence has been produced, and this condition does not apply.

5. Declaration of recognition

15)       The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a majority of the workers constituting the bargaining unit are members of the Union. The Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule is met. Pursuant to paragraph 22(2) of the Schedule, the CAC must therefore issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. 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 of “All permanent employees, excluding contractors and those in senior leadership team (SLT, The extended leadership team (ELT), and People & Culture (HR).”

Panel

Ms Laura Prince K.C., Panel Chair

Mr Derek Devereux

Mr Steve Gillan

04 August 2026