Decision

Recognition Decision

Updated 2 December 2025

Applies to England, Scotland and Wales

Case Number: TUR1/1488(2025)

2 December 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

United Road Transport Union (URTU)

and

Facilities by ADF PLC

1. Introduction

1)         United Road Transport Union (URTU) (the Union) submitted an application to the CAC dated 18 August 2025 that it should be recognised for collective bargaining purposes by Facilities by ADF PLC (the Employer) for a bargaining unit comprising “All HGV Drivers employed as swing drivers, gully swing drivers, senior lead drivers and lead drivers.” The location of the bargaining unit was given as “Bridgend, Kitsmead, Manchester and Glasgow.” The application was received by the CAC on 18 August 2025, and the CAC gave both parties notice of receipt of the application on 18 August 2025. The Employer submitted a response to the CAC dated 21 August 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 Naeema Choudry, Panel Chair, and, as Members, Mrs Deborah England and Mr Nicholas Childs. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 23 September 2025 the Panel accepted the Union’s application. As the Employer, in its response to the application, had stated its agreement to the proposed bargaining unit the Union was asked whether it was claiming that it had majority membership within the bargaining unit and whether it should be granted recognition without a ballot.

4)         On 8 October 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. Both the Union and the Employer agreed that the ballot should take place by post.

2. The Ballot

6)         On 27 October 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 10 November 2025 to be returned to the QIP by no later than Noon on 21 November 2025.

7)         The QIP reported to the CAC on 21 November 2025 that, of the 47 workers eligible to vote, 23 ballot papers had been returned; there were no ballot papers that were found to be spoiled or otherwise invalid. 23 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. Of those voting no workers voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 48.9%.

8)         The CAC informed the Employer and the Union on 26 November 2025 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 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.

10)       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 HGV Drivers employed as swing drivers, gully swing drivers, senior lead drivers and lead drivers.”

Panel

Ms Naeema Choudry, Panel Chair

Mrs Deborah England

Mr Nicholas Childs

2 December 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). ↩