Decision

Recognition Decision

Updated 10 July 2025

Applies to England, Scotland and Wales

Case Number: TUR1/1456(2025)

10 July 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

University and College Union (UCU)

and

BIMM University Limited

1. Introduction

1)         University and College Union (UCU) (the Union) submitted an application to the CAC dated 14 March 2025 that it should be recognised for collective bargaining purposes by BIMM University Limited (the Employer) for a bargaining unit comprising “all salaried employees on pay scale five and below at the Bristol Campus whose reporting lines lead up to the Bristol Centre Managers. This includes the following teams: deputy/course leaders, Building & Technical, Estates, Campus and Technical Services, Academic Administrators, Principal Lecturer, Wellbeing, Student Life, Timetablers and Creative Futures.” The location of the bargaining unit was given as “Bristol Campus: BIMM Institute, St James House, Moon St, St Paul’s, Bristol BS2 8QY.” The application was received by the CAC on 17 March 2025, and the CAC gave both parties notice of receipt of the application that same day.  The Employer submitted a response to the CAC dated 24 March 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 Paul Swann, Panel Chair, and, as Members, Mr David Cadger and Mr Paul Noon. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 7 April 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 8 May 2025 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and that this was the same as the bargaining unit identified in the Union’s application to the CAC namely: “all salaried employees on pay scale five and below at the Bristol Campus whose reporting lines lead up to the Bristol Centre Managers. This includes the following teams: deputy/course leaders, Building & Technical, Estates, Campus and Technical Services, Academic Administrators, Principal Lecturer, Wellbeing, Student Life, Timetablers and Creative Futures.”

4)         On 12 May 2025, the Panel, not being 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 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 Union to conduct collective bargaining on their behalf. The parties were advised that the Panel would wait until the end of the notification period,^{[footnote 1]} as specified in paragraphs 24(2) to (7) of the Schedule, before arranging for the holding of a ballot. The parties were also asked for their views on the form the ballot should take.

5)         The notification period described in the preceding paragraph elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

6)       In an email to the CAC Manager dated 14 May 2025 the Union stated that it would prefer a postal ballot. In an email dated 14 May 2025 the Employer also confirmed that it would prefer a postal ballot.

2. The Ballot

7)         On 4 June 2025 Mi-Voice was appointed as the Qualified Independent Person (QIP) to conduct the ballot, and the parties were notified accordingly. The postal ballot papers were dispatched on 19 June 2025 to be returned to the QIP by no later than Noon on 2 July 2025.

8)         The QIP reported to the CAC on 2 July 2025 that, of the 40 workers eligible to vote, 35 ballot papers had been returned. 35 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 workers voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 87.5%.

9)         The CAC informed the Employer and the Union on 7 July 2025 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10)       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.

11)       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 salaried employees on pay scale five and below at the Bristol Campus whose reporting lines lead up to the Bristol Centre Managers. This includes the following teams: deputy/course leaders, Building & Technical, Estates, Campus and Technical Services, Academic Administrators, Principal Lecturer, Wellbeing, Student Life, Timetablers and Creative Futures.”

Panel

Mr Paul Swann, Panel Chair

Mr David Cadger

Mr Paul Noon

10 July 2025

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1. The “notification period”, in relation to notification by the union, is the period of 10 working days starting with the day on which the union receives the CAC’s notice under paragraph 23(2) or such longer period as the CAC may specify; in relation to notification by the unions and the employer, the period of 10 working days starting with the day on which the last of the parties receives the CAC’s notice or such longer period as the CAC may specify: paragraph 24(5),(6). ↩