Decision

Recognition Decision

Updated 30 March 2026

Applies to England, Scotland and Wales

Case Number: TUR1/1516(2025)

27 March 2026

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

GMB

and

Lindsay and Gilmour

1. Introduction

1)         The GMB (the Union) submitted an application to the CAC dated 2 December 2025 that it should be recognised for collective bargaining by Lindsay and Gilmour (the Employer) for a bargaining unit comprising “Pharmacy Dispensers, Pharmacy Technicians” employed at the Lindsay & Gilmour Pharmacy branches; Elm Row 11 Elm Row, Edinburgh EH7 4AA and Leith Walk 257a Leith Walk, Edinburgh EH6 8NY. 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.

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

3)         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 as set out in paragraph 1 above.

4)         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 and whether it was asking the CAC to declare recognition without a ballot being held.  In an email dated 21 January 2026 the Union said that it did not believe it had majority membership within the bargaining unit.

5)         On 22 January 2026 the Panel, not being satisfied that a majority of the workers constituting the agreed bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (the “Schedule”), that it intended to arrange for the holding of a secret ballot. 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) and 24(6), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6)         The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 4 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). As the parties disagreed as to the form that the ballot should take the Panel, in a decision dated 11 February 2026, determined that the ballot would be a postal ballot and the parties were duly notified in accordance with paragraph 25(4) of the Schedule. The parties were then able to reach agreement as to access during the balloting period and the CAC was notified accordingly.

2. The Ballot

7)         Civica Election Services Limited was appointed as QIP on 20 February 2026 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 9 March 2026 to be returned by no later than noon on 20 March 2026, the day that the ballot closed. 

8)         The QIP reported to the CAC on 23 March 2026 that out of 12 workers eligible to vote, three ballot papers had been returned: no ballot papers were found to be spoilt. Three (3) workers, that is 100% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. No (0) workers voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 25%.

9)         The CAC informed the Employer and the Union on 25 March 2026 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10)       The ballot did not establish that at least of 40% of the workers in the bargaining unit supported the proposal that the Union be recognised by the Employer for the purposes of collective bargaining within the bargaining unit.

11)       In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mr Jonathan Gray, Panel Chair

Mr Joe Corcos

Mr Matt Smith OBE

27 March 2026