Decision

Recognition Decision

Updated 20 May 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1248(2021)

20 May 2022

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

NEU & NASUWT

and

The Hawthorns Educational Trust Limited

1. Introduction

1) NEU & NASUWT (the Unions) submitted an application to the CAC dated 23 December 2021 that they should be recognised for collective bargaining purposes by The Hawthorns Educational Trust Limited (the Employer) for a bargaining unit described as: “Teachers and Early Career Teachers (excluding the Headteacher) employed by The Hawthorns Educational Trust Limited”. The location of the bargaining unit was given as The Hawthorns School, Pendell Court, Bletchingley, Surrey, RH1 4QJ. The application was received by the CAC on 23 December 2021 and the CAC gave both parties notice of receipt of the application that day. On 6 January 2022 the CAC received an application from the Employer requesting an extension of time to lodge a response to the Unions application. In a letter dated the same day the Panel agreed to extend the time for response to noon on 13 January 2022. The Employer submitted a response to the CAC on 13 January 2022 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 Mrs Lisa Gettins, Panel Chair, and, as Members, Mr Kieran Grimshaw and Mr Paul Moloney. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By a decision dated 4 February 2022 the Panel accepted the Unions’ application. On 25 February 2022, the Employer wrote to the CAC confirming that it agreed with the Unions’ proposed bargaining unit as stated in their application. As the agreed bargaining unit was the same as that proposed by the Unions in their application, the Panel moved to the next stage in the statutory process.

4) On 16 March 2022 the Panel, accepting that the majority of workers in the bargaining unit were members of the Unions, was persuaded by the Employer that a ballot should be held in the interests of good industrial relations, and that the qualifying condition in paragraph 22(4)(a) of Schedule A1 to the Act (the Schedule) was satisfied. The Panel thereafter 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 what form the ballot should take.

5) The notification period under paragraph 24(5) of the Schedule ended on 29 March 2022. The CAC was not notified by the Unions or by the parties jointly that they did not want the ballot to be held, as per paragraph 24(2) of the Schedule. The Panel, having considered the parties’ views decided that a postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

6) Kanto Elect was appointed as the Qualified Independent Person (QIP) on 19 April 2022 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 5 May 2022 to be returned by no later than noon on 18 May 2022, the day that the ballot closed.

7) The QIP reported to the CAC on 18 May 2022 that out of 57 workers eligible to vote, 44 votes had been cast: one ballot paper was found to be spoilt. Thirty-Three (33) workers, that is 76.7% of those voting, had voted to support the proposal that the Unions be recognised for the purposes of collective bargaining with the Employer. Ten (10) workers, that is 23.3% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 57.9%.

8) The CAC informed the Employer and the Unions on 20 May 2022 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

9) 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 Unions 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.

10) The CAC declares that the Unions are recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Teachers and Early Career Teachers (excluding the Headteacher) employed by The Hawthorns Educational Trust Limited”.

Panel

Mrs Lisa Gettins, Panel Chair

Mr Kieran Grimshaw

Mr Paul Moloney

20 May 2022