Decision

Recognition Decision

Updated 24 June 2026

Applies to England, Scotland and Wales

Case Number: TUR1/1471(2025)

23 June 2026

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

GMB & Unite the Union

and

3663 Transport Ltd (subsidiary of BFS Group Ltd t/a Bidfood)

1. Introduction

1)         GMB and Unite the Union (the Unions) submitted an application to the CAC dated 30 May 2025 that they should be recognised for collective bargaining purposes by 3663 Transport Ltd (subsidiary of BFS Group Ltd t/a Bidfood) (the Employer) in respect of a bargaining unit comprising:

“Employees employed by 3663 Transport Limited (a subsidiary of BFS Group Limited) who were covered under the previous collective bargaining arrangements with Unite and the GMB which terminated with effect from 17 January 2025. These employees are employees undertaking hourly paid transport roles across all Bidford (BFS Group Limited) depots across the UK including depots branded as Oliver Kay depots. Unite and GMB collectively bargained for these employees up until 17 January 2025.

Their job titles include, but are not limited to, roles such as: Multi Drop Driver, Van Driver, Trunker / Shunter, Debriefer, Transport Coordinator, Transport Administrator, Route Planner, Transport Operative, Driver Trainer, C1 Driver, Trainee LGV Driver and Driver Assistants.

For the avoidance of doubt the bargaining unit does not cover those employed in hourly paid warehouse roles at BFS Group Limited for whom a separate recognition application will be pursued.”

The location of the bargaining unit was described as, “The bargaining unit is spread across all BFS Group (Bidfood) depots across the UK including those branded as Oliver Kay depots. This totals 26 depots.” The application was received by the CAC on 30 May 2025, and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC on 6 June 2025 which was copied to the Unions.

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 Paul Swann, Panel Chair and as Members Ms Julia Buck and Ms Joanne Kaye. The Case Manager appointed to support the Panel was Kate Norgate.

3)         By a decision dated 23 July 2025 the Panel accepted the Unions’ application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. In e-mails dated 15 August 2025 the parties confirmed that the appropriate bargaining unit in this matter was that originally proposed by the Unions, albeit expressed in different terms as set out below:

“Colleagues employed by 3663 Transport Limited (a subsidiary of BFS Group Limited). These colleagues are salaried transport roles across all Bidfood (BFS Group Limited) depots, namely : Basingstoke, Battersea, Bedford, Bicester, Birmingham, Bodmin, Bradford, Chepstow, Edinburgh, Gateshead, Glasgow, Harlow, Hoddesdon, Inverness, Lee Mill, Liverpool, Manchester, Nottingham, Oban, Paddock Wood, Penrith, Reading, Salisbury, Salisbury OK, Slough, Stowmarket, Swansea, Wakefield, Wolverhampton, Worcester and Worthing. Their job titles are: c1 Driver, Debriefer, Driver LGV Trainee, Driver Trainer, Drivers Assistant, Multi Drop Driver, Route Planner, Transport Administrator, Transport Co-ordinator, Transport Operative, Trunker/Shunter and Van Driver.”

4)         As the agreed bargaining unit covered the same group of workers as that proposed by the Unions in their application, the Panel moved to the next stage in the statutory process.

5)         On 20 August 2025 the Panel, not being satisfied that a majority of the workers constituting the bargaining unit were members of the Unions, gave notice in accordance with paragraph 23(2) of the Schedule that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Unions to conduct collective bargaining on their behalf. 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), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6)         The notification period described in the preceding paragraph elapsed without the Unions, or the Unions and the Employer jointly, informing the CAC that a ballot was not required. After considering the views on the parties, the Panel decided that the form of ballot would be postal and this was communicated to the parties in a decision dated 12 September 2026. With the Panel Chair’s assistance, the parties subsequently agreed access.

2. The Ballot

7)         On 5 January 2026 Pin Communications was appointed as the Qualified Independent Person (QIP) to conduct the ballot, and the parties were notified accordingly.

8)         By e-mails dated, 6, 4 and 8 January 2026, the Unions submitted four complaints that the Employer had failed to fulfil its duties under paragraph 26(3) of the Schedule concerning access. On 16 January 2026 the parties were given notice that the ballot would be suspended, and they were invited to attend a hearing on 23 March 2026 for the Panel to determine whether the Employer was in breach of its statutory duties. By a decision dated 17 April 2026 the Panel found that the Employer had complied with paragraph 26 of the Schedule.

9)         On 6 May 2026 the ballot recommenced. The postal ballot papers were due to be dispatched on 20 May 2026 to be returned to the QIP by no later than noon on 4 June 2026. On 26 May 2026 the CAC was notified by the QIP that due to a technical anomaly the ballot papers had not been despatched. By letter of the same date the parties were informed that the ballot papers would be despatched on 29 May 2026 and that the closing date of the ballot had been extended to noon on 12 June 2026.

10)       The QIP reported to the CAC on 12 June 2026 that, of the 1948 workers eligible to vote, eight hundred and forty six (846) ballot papers had been returned; there were no spoilt papers. Eight hundred and four (804) workers, that is 95.04% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Forty two (42) workers, that is 4.96% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 41.27%.

11)       The CAC informed the Employer and the Union on 16 June 2026 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

12)       The ballot establishes that a majority of the workers voting, and at least 40% of the workers constituting the bargaining unit, support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit. This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.

13)       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 “Colleagues employed by 3663 Transport Limited (a subsidiary of BFS Group Limited). These colleagues are salaried transport roles across all Bidfood (BFS Group Limited) depots, namely : Basingstoke, Battersea, Bedford, Bicester, Birmingham, Bodmin, Bradford, Chepstow, Edinburgh, Gateshead, Glasgow, Harlow, Hoddesdon, Inverness, Lee Mill, Liverpool, Manchester, Nottingham, Oban, Paddock Wood, Penrith, Reading, Salisbury, Salisbury OK, Slough, Stowmarket, Swansea, Wakefield, Wolverhampton, Worcester and Worthing. Their job titles are: c1 Driver, Debriefer, Driver LGV Trainee, Driver Trainer, Drivers Assistant, Multi Drop Driver, Route Planner, Transport Administrator, Transport Co-ordinator, Transport Operative, Trunker/Shunter and Van Driver”.

Panel 

Mr Paul Swann, Panel Chair

Ms Julia Buck

Ms Joanne Kaye 

23 June 2026