Decision

Recognition Decision

Updated 30 January 2026

Applies to England, Scotland and Wales

Case Number: TUR1/1499(2025)

30 January 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:

GMB

and

THE CLIMBING ACADEMY

1. Introduction

1)         GMB (the Union) submitted an application to the CAC on 2 October 2025 that it should be recognised for collective bargaining by The Climbing Academy (the Employer) for a bargaining unit comprising of “Counter Staff, Duty Manager, Instructor, Routesetter, Routesetting Assistant, Front of House Manager, Customer Service Manager, Cleaner, Cafe Manager, Head Coach, Senior Duty Manager, Bookings Manager, Booking Assistant, Setting and Maintenance, Senior Instructor” based at The Newsroom, 124 Portman Street, Kinning Park, Glasgow, G41 1EJ and The Prop Store, 24 Craigmont Street, Maryhill, Glasgow, G20 9BT .  The CAC gave both parties notice of receipt of the application on 2 October 2025. The Employer submitted a response to the CAC dated 8 October 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 Andrew James, Panel Chair, and, as Members, Mr Joe Corcos and Mr Ian Hanson. The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By its written decision dated 29 October 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, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A virtual hearing was held on 15 December 2025 and subsequently a decision was issued on 30 December 2025 where the Panel’s decision was that the appropriate bargaining unit is that as proposed by the Union, namely, “All workers based at the Glasgow site excluding senior and company management”. The proposed bargaining unit was as proposed by the Union although the definition has been simplified by the Panel to ensure clarity.

2. Issues

4)         Paragraph 22 of 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.

5)         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.

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 submission that it should be recognised without a ballot

6)         In a letter dated 30 December 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 6 January 2026, stated: “We’re very pleased to hear a positive outcome regarding the appropriateness of the bargaining unit. I can confirm that GMB has majority membership within the bargaining unit and therefore should be granted recognition without a ballot”.

3. The Employer’s response

7)         The CAC copied the Union’s e-mail of 6 January 2026 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)         The Employer in its response sent an e-mail dated 12 January 2026, stated: “Regarding the Union’s claim for recognition without a ballot, The Climbing Academy (TCA) submits that a formal membership count is necessary for the following reasons:

Expanded Bargaining Unit: The Panel’s decision defines the unit as “All workers based at the Glasgow site, excluding senior and company management”. This encompasses the roles Digital Marketing Manager, Instructing manager, Head Setter, and Cleaner/Setter which were omitted from the October 2025 count. These four employees are not Union members.

Personnel Turnover: Since the October assessment, there have been four leavers, three of whom were likely Union members. Additionally, we have one further resignation pending (a non-member) and have hired three new staff members.

Material Impact on Majority: Given that the previous figures were very tight, these specific changes in personnel are material. It is currently impossible for either party to confirm a majority without a fresh verification of the current staffing pool.

TCA believes these factors create significant doubt as to whether a majority of the current bargaining unit are members. We remain ready to provide an updated staff list to facilitate a new check”.

9)         The CAC copied the Employer’s e-mail of 12 January 2026 to the Union and invited the Union to make submissions in relation to the Employer’s submission that one or more of the qualifying conditions as specified in paragraph 22(4) of the Schedule were satisfied. The Union in its response dated 13 January 2026 stated, “Given that we have up to date mapping of the workplace and up to date membership records, we are confident that we have over 50% membership in the bargaining unit. I’m happy to provide any details required for an independent membership check. Please let me know what you require.”

4. The membership check

10)       The CAC wrote to the parties on 14 January 2026 stating that a membership check would allow for any doubts on membership figures to be cleared up and that these checks were ideally undertaken with the agreement of both parties to supply lists of names to the Case Manager on a confidential basis rather than the Panel “requiring” the information under paragraph 170A of the Schedule. The check would be conducted against the bargaining unit and will result in the Case Manager producing a numerical report which would be copied to the Union and the Employer. The Union was asked to supply a list of the names and dates of birth of the paid-up Union members in the bargaining unit. The Employer was asked to provide the names, dates of birth and job titles of the workers in the bargaining unit. It was explicitly agreed with both parties that, to preserve confidentiality, the respective lists would not be copied to the other party and that agreement was confirmed in a letter dated 14 January 2026 from the Case Manager to both parties.

11)       The information from the Union was received by the CAC on 15 January 2026 and from the Employer on 19 January 2026.

12)       The list supplied by the Employer contained the names of 44 workers. The list of members supplied by the Union contained 24 names. The Case Manager’s report confirmed that the number of Union members in the proposed bargaining unit was 24, a membership level of 54.55%.

13)       The Case Manager’s report was circulated to the Panel and the parties on 20 January 2026, and the Employer was asked for any submissions it wished to make on the qualifying conditions by 23 January 2026.

5. Parties’ comments on the membership check and the qualifying conditions

14)       In an e-mail dated 23 January 2026 the Employer stated “We note the membership check result of 54.55%. As previously identified in our employee list, a number of these individuals are currently serving their notice periods and have no long-term stake in the business. They will have exited by 15 Feb 2026. Given that the Union’s majority rests on a margin of only two individuals, the Employer is prepared to waive the requirement for a ballot only if the CAC can confirm that the Union maintains a majority (at least 50% + 1) when the ‘Grey’ employees on notice are excluded from the count. If, however, the Union’s majority is dependent on these departing staff, the Employer submits that a ballot is necessary in the interests of good industrial relations. This ensures the decision is made by the enduring workforce who will actually be governed by the recognition agreement. Otherwise, the presence in the bargaining unit, at a particular moment in time, of “exiting” Union members, who have no real interest in whether recognition is granted, could be decisive in securing recognition for the Union, which may not, in fact, be supported, by the ongoing long-term workforce”.

15)       A copy of the Employer’s e-mail dated 23 January 2026 was sent to the Union on the same day asking if the Union wished to comment on the points made by the Employer. The Union, in its response dated 23 January 2026, stated, “We strongly dispute the employer’s claim that qualifying conditions have been met to merit a ballot of workers. We have already demonstrated twice, through an independently verified process that a majority of workers are members of our union and as a result are in favour the union recognition that they deserve and have fought hard for. Our members have now been seeking recognition for over 6 months, steadfastly staying strong through the employer’s repeated attempts to derail and delay this process. Now is the time for the employer to get round the table with us and agree on a recognition agreement. We do not need any further delays with unnecessary ballots or membership checks”.

6. Considerations

16)       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 conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

17)       The Panel is satisfied that, on the basis of the membership check carried out on 20 January 2026 which confirmed that there were 24 Union members in the bargaining unit of 44 workers giving a membership density of 54.55% of the unit, the majority of workers in the bargaining unit are members of the Union.

Paragraph 22(4) (a)

18)       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 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)

19)       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 therefore does not apply.

Paragraph 22(4) (c)

20)       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 therefore does not apply.

21)       The Union has demonstrated on two occasions that it had a majority of workers in the bargaining unit: once at the acceptance stage and more recently on 20 January 2026 when the check referred to above was conducted. It is not reasonable to expect the Union to demonstrate once again that it has majority membership because some members may be departing in the future. There has to be a cut-off point for the assessment to be made. The Panel had already decided it would be reasonable for the Case Manager to conduct a fresh membership check to determine the current position and this check was conducted on 20 January 2026. In the light of the recent membership check results and in the absence of:

Any evidence or persuasive arguments that holding a ballot would create good industrial relations.

Any evidence that a significant number of members in the bargaining unit do not want the union to conduct collective bargaining on their behalf; or

Any evidence 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,

The Panel concludes that none of the qualifying conditions for the holding of a ballot have been satisfied.

7. Declaration of recognition

22)       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 “All workers based at the Glasgow site excluding senior and company management”.

Panel

Mr Andrew James, Panel Chair

Mr Joe Corcos

Mr Ian Hanson QPM

30 January 2026