Recognition Decision
Updated 30 September 2025
Applies to England, Scotland and Wales
© Crown copyright 2025
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/cac-outcome-urtu-ellgia-recycling-limited/recognition-decision
Case Number: TUR1/1446(2025)
30 September 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:
URTU
and
Ellgia Recycling Limited
1. Introduction
1) URTU (the Union) submitted an application to the CAC on 17 January 2025 that it should be recognised for collective bargaining by Ellgia Recycling Limited (the Employer) for a bargaining unit comprising the “Drivers” based at Winterton Road, Scunthorpe DN15 0DH. The CAC gave both parties notice of receipt of the application on 17 January 2025. The Employer submitted a response to the CAC dated 30 January 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 Mrs Lisa Gettins, Panel Chair, and, as Members, Ms Julia Buck and Ms Claire Sullivan. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By a decision dated 20 February 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 the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. On 26 June 2025 the Panel’s decision was that the appropriate bargaining unit was that as proposed by the Union, namely “Drivers” based at Winterton Road, Scunthorpe, DN15 0DH.
4) On 21 July 2025, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (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 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.
5) The notification period under paragraph 24(5) of the Schedule ended on 1 August 2025. The CAC was not notified by either of the parties that they did not want a ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take place and both parties agreed to a postal ballot.
6) The Panel directed that Civica should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.
2. The Ballot
7) Civica was appointed as QIP on 1 September 2025 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 16 September 2025, to be returned by no later than noon on 29 September 2025, the day that the ballot closed.
8) The QIP reported to the CAC on 29 September 2025 that out of 27 workers eligible to vote, 8 ballot papers had been returned: no ballot papers were found to be spoilt. Eight workers, that is 100.00% of those voting, had voted to accept the proposal that the Union be recognised for the purposes of collective bargaining. The number of votes supporting the proposal as a percentage of the bargaining unit was 29.6%.
9) The CAC informed the Employer and the Union on 30 September 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 establishes that recognition of the Union is not supported by a majority of the workers voting and so, 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
Mrs Lisa Gettins, Panel Chair
Ms Julia Buck
Ms Claire Sullivan
30 September 2025