Recognition Decision
Updated 11 December 2025
Applies to England, Scotland and Wales
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Case Number: TUR1/1489(2025)
11 December 2025
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
Bield Housing and Care
1. Introduction
1) GMB (the Union) submitted an application to the CAC on 21 August 2025 that it should be recognised for collective bargaining by Bield Housing and Care (the Employer) for a bargaining unit comprising of “All workers based at Bield Housing & Care, Thornhill Court, Falkirk FK2 9HH”. The CAC gave both parties notice of receipt of the application on 21 August 2025. The Employer submitted a response to the CAC dated 29 August 2025 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 Mark Pennifold and Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Bola Olayinka.
3) By its written decision dated 25 September 2025 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. As no agreement was reached, a virtual hearing was held on 6 November 2025 and on 18 November 2025 the Panel issued a decision that the appropriate bargaining unit was that proposed by the Union namely “All workers based at Bield Housing & Care, Thornhill Court, Falkirk FK2 9HH.”
2. Issues
4) Paragraph 22 of the 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 union, 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 (or unions) 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 (or unions) 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.
3. The Union’s claim to majority membership and submission that it should be recognised without a ballot
6) In a letter dated 18 November 2025 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 e-mail dated 24 November 2025, stated that it was claiming a majority of membership in the bargaining unit and it should be granted recognition without a ballot.
4. The Employer’s response to the Union’s claim that it should be recognised without a ballot
7) The CAC copied the Union’s e-mail of 24 November 2025 to the Employer and invited the Employer to make submissions in relation to the Union’s claim that it had majority membership within the bargaining unit and in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.
8) In its response e-mail dated 25 November 2025 the Employer stated, “Bield would wish to clarify and note: We accept the findings of the membership check referenced. We note the reference in the ballot for industrial action to recognition, our understanding is that the primary reason for industrial action relates to a retrospective claim for a compensation payment, which would be out of scope of any collective bargaining arrangement. Bield is unable to ascertain whether the ballot on recognition as a standalone issue would be favoured by members.”
9) The CAC forwarded the Employer’s e-mail dated 11 September 2025 to the Union for its comments on the 15 September 2025. The Union responded on the same day stating that “From the employer’s response, I don’t see anything that satisfies the criteria set out by the Panel for qualifying conditions. The employer has not submitted any evidence, credible or otherwise, that members do not wish to the Union to conduct collective bargaining on their behalf. We have evidence in the density of members who have unilaterally joined the CWU for the purposes of being represented for collective bargaining. Whether the Employer believes this or not is irrelevant for the purposes of this process”.
5. Considerations
10) 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.
11) The membership and support check conducted on 5 September 2025 had shown the Employer listing a total of eight workers in the bargaining unit. As stated in the acceptance decision dated 25 September 2025, the Union had provided a spreadsheet listing eight union members. The number of union members in the proposed bargaining unit was eight, a membership level of 100%. Neither party has suggested that these figures are now out of date. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
12) The Panel has considered the correspondence received from 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)
13) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. In this case neither party has submitted evidence or any persuasive reasons that holding a secret ballot would be in the interests of good industrial relations. The Panel is therefore satisfied that this condition does not apply.
Paragraph 22(4) (b)
14) 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)
15) 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 by the Employer to support its assertion that workers joined the union for reasons other than collective bargaining and so this condition does not apply.
6. Declaration of recognition
16) 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 workers based at Bield Housing & Care, Thornhill Court, Falkirk FK2 9HH”.
Panel
Ms Laura Prince K.C., Panel Chair
Mr Mark Pennifold
Mr Matt Smith OBE
11 December 2025