Recognition Decision
Updated 12 September 2025
Applies to England, Scotland and Wales
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Case Number: TUR1/1484(2025)
12 September 2025
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION WITHOUT A BALLOT
The Parties:
Unite the Union
and
Calor Gas Limited
1. Introduction
1) Unite the Union (the Union) submitted an application to the CAC on 23 July 2025 that it should be recognised for collective bargaining by Calor Gas Limited (the Employer) for a bargaining unit comprising “All Drivers” based at 30 Abbotsinch Road, Grangemouth FK3 9YL, Scotland. The CAC gave both parties notice of receipt of the application on 23 July 2025. The Employer submitted a response to the CAC dated 30 July 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 Ms Susan Cox, Panel Chair, and, as Members, Mr Alistair Paton and Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 15 August 2025 the Panel accepted the Union’s application. The parties then entered a period of negotiation on the appropriate bargaining unit. On 29 August 2025 the parties notified the CAC that they had agreed the bargaining unit as “All Drivers” based at 30 Abbotsinch Road, Grangemouth FK3 9YL, Scotland. This bargaining unit comprised the same workers as that originally proposed by the Union in its application.
2. Issues
4) Paragraph 22 of the Schedule A1 to the Act (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.
3. The Union’s claim to majority membership and recognition without a ballot
6) In an e-mail dated 29 August 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 2 September 2025, stated that it was claiming a majority of membership in the bargaining unit and said that it should be granted recognition without a ballot.
4. The Employer’s response
7) The CAC copied the Union’s e-mail of 2 September 2025 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) In its response e-mail dated 8 September 2025 the Employer stated, “We accept the union’s position in respect to this item”.
5. Considerations
9) 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.
10) In the membership and support check conducted on 5 August 2025 the Employer listed a total of 23 workers in the bargaining unit. The Union provided a spreadsheet listing 15 union members in the unit. The union membership level is therefore 65.22%. Neither party has suggested that these figures are now out of date. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
Paragraph 22(4)(a)
11) The first qualifying 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 satisfied that this condition does not apply.
Paragraph 22(4)(b)
12) The second qualifying 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)
13) The third qualifying 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.
6. Declaration of recognition
14) 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 Drivers” based at 30 Abbotsinch Road, Grangemouth FK3 9YL, Scotland.
Panel
Ms Susan Cox, Panel Chair
Mr Alistair Paton
Mr Matt Smith OBE
12 September 2025