Decision

Recognition Decision

Updated 30 July 2025

Applies to England, Scotland and Wales

Case Number: TUR1/1454(2025)

30 July 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

Unite the Union

and

Mitchells & Butlers Retail Limited

1. Introduction

1)       Unite the Union (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 6 March 2025 that it should be recognised for collective bargaining purposes by Mitchells & Butlers Retail Limited (the Employer) for a bargaining unit comprising “employees based at the Toby Carvery Bolton (Crompton Way), excluding salaried managers, working in the areas of the Front of House, Back of House, Bar, Kitchen, Waiting/Serving, Cleaning or any employee described as a ‘Team Leader’ or ‘Retail Assistant’. Specifically, the General Manager, Assistant Manager and Kitchen Manager are excluded.” The location of the bargaining unit was given as “Toby Carvery Bolton Crompton Way Bolton BL1 8TJ.” The application was received by the CAC on 6 March 2025 and the CAC gave both parties notice of receipt of the application on 6 March 2025. The Employer submitted a response to the CAC dated 12 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 Stuart Robertson, Panel Chair, and, as Members, Mr John Rawling and Mr Ian Hanson. The Case Manager appointed to support the Panel was Joanne Curtis.

3)        By a decision dated 27 March 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, a hearing was held on 15 May 2025 via zoom and on 3 June 2025 the Panel issued a decision that the appropriate bargaining unit was that proposed by the Union namely “employees based at the Toby Carvery Bolton (Crompton Way), excluding salaried managers, working in the areas of the Front of House, Back of House, Bar, Kitchen, Waiting/Serving, Cleaning or any employee described as a ‘Team Leader’ or ‘Retail Assistant’. Specifically, the General Manager, Assistant Manager and Kitchen Manager are excluded.”

4)         On 5 June 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)         The parties both proposed and agreed that the appropriate form of ballot in this matter was a postal ballot and thereafter reached agreement on access arrangements. The Panel directed that IPA should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. The Ballot

7)         IPA was appointed as QIP on 23 June 2025 to conduct the ballot and the parties were notified accordingly.  The postal ballot papers were despatched on 4 July 2025, to be returned by no later than noon on 18 July 2025.

8)         The QIP reported to the CAC on 18 July 2025, that out of 39 workers eligible to vote, 22 ballot papers had been returned: no ballot papers were found to be spoilt. 6 workers, that is 27% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  16 workers, that is 73% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 15.4%.

9)         The CAC informed the Employer and the Union on 23 July 2025 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10)       The ballot did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union should be recognised by the Employer for the purposes of conducting collective bargaining on behalf of the bargaining unit.

11)       In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mr Stuart Robertson, Panel Chair

Mr John Rawling

Mr Ian Hanson

30 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). ↩