Decision

Form of Ballot Decision

Updated 11 February 2026

Applies to England, Scotland and Wales

Case Number: TUR1/1516(2025)

11 February 2026

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECISION ON FORM OF BALLOT

The Parties:

GMB

and

Lindsay and Gilmour

1. Introduction

1)         GMB (the Union) submitted an application to the CAC dated 2 December 2025 that it should be recognised for collective bargaining purposes by Lindsay & Gilmour (the Employer) for a bargaining unit comprising “Pharmacy Dispensers and Pharmacy Technicians.”

2)         The location of the bargaining unit was given as Lindsay & Gilmour Pharmacy branches; Elm Row 11 Elm Row, Edinburgh, EH7 4AA Leith Walk 257a Leith Walk, Edinburgh, EH6 8NY. The application was received by the CAC on 2 December 2025, and the CAC gave both parties notice of receipt of the application on 2 December 2025.  The Employer submitted a response to the CAC dated 8 December 2025 which was copied to the Union.

3)         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 Mr Jonathan Gray, Panel Chair, and, as Members, Mr Joseph Corcos and Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Joanne Curtis.

4)         By a decision dated 22 December 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. On 20 January 2026 the Parties informed the CAC that the bargaining unit had been agreed in the same terms as was originally proposed in the Union’s application namely “Pharmacy Dispensers and Pharmacy Technicians, at the Lindsay & Gilmour Pharmacy branches; Elm Row 11 Elm Row, Edinburgh, EH7 4AA and Leith Walk 257a Leith Walk, Edinburgh, EH6 8NY”

5)         In a letter from the Case Manager dated 21 January 2026, the Union was asked whether it claimed that a majority of workers constituting the bargaining unit were members of the Union. By an email dated 21 January 2026 the Union said that it did not believe it had majority membership within the bargaining unit.

2. Issues

6)         On 22 January 2026, the Panel, not satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that a secret ballot would be held. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5) of the Schedule, before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

7)         The notification period under paragraph 24(5) ended on 5 February 2026. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per paragraph 24(2) of the Schedule.

3. Unions’ submissions on the form of ballot

8)         In an email dated 2 February 2026 the Union stated its preference for a workplace ballot. The Union said “a workplace ballot was more reliable than a postal ballot and it was more likely that everyone in the bargaining unit would participate.”

4. Employer’s submissions on the form of ballot

9)         In an email dated 28 January 2026 the Employer stated its preference for a postal ballot. The Employer went on to explain that it felt that a postal ballot would be in the best interests of the workers involved. It said that it had a mix of full and part time workers in both branches and therefore “trying to find a day for everyone to be available may not be possible and in any event workers who were not available on the date of any workplace ballot would need to vote by post regardless.” The Employer went on to say that in terms of running the ballot, both pharmacies were open all day and in line with Health Board requirements, it was not allowed to close them during the day unless it had Health Board consent. In addition, the Employer said that both branches were fairly small and had patients/customers coming in and out all day so it would have concerns regarding confidentiality if a ballot were to take place within the branches.

5. Considerations

10)       When determining the form of the ballot (workplace, postal or a combination of the two methods), the CAC must take into account the following considerations specified in paragraphs 25(5) and (6) of the Schedule:

(a)        the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace;

(b)        costs and practicality;

(c)        such other matters as the CAC considers appropriate.

11)       The parties have put forward two different types of ballot for the Panel to consider. The Union have argued for a workplace ballot, whereas the Employer has submitted that the ballot should be a postal ballot.

12)       The Panel has considered carefully the arguments of both parties and taken into account the considerations specified at paragraph 10 above:

(a) In the judgement of the Panel, there is no substantiating evidence to suggest that a workplace ballot would likely be affected by unfairness or malpractice. However, the Panel is persuaded that a postal vote will enable private consideration of voting preference and is most likely to result in an outcome in which the parties have confidence.

(b) In the judgement of the Panel, a postal ballot would incur lower costs. Further, when assessing the issue of practicality, the Panel has taken into account both the practical needs of workers in terms of accessibility and participation, and the practical needs of the Employer, in terms of how the workplace operates and the potential for a workplace ballot to disrupt commercial activity. It is the assessment of the Panel that a postal ballot is far more practical for both parties than a workplace ballot.

(c) No other considerations were deemed as appropriate.

6. Decision

13)       The decision of the Panel is that the ballot should be a postal ballot.

14)       The name of the QIP appointed to conduct the ballot will be notified to the parties shortly as will the period within which the ballot is to be held.

Panel

Mr Jonathan Gray, Panel Chair

Mr Joseph Corcos

Mr Matt Smith OBE

11 February 2026