How workers win union recognition: the CAC statutory route

Trade union recognition means an employer must bargain with the union over pay and conditions. Most often it is agreed voluntarily. But if the company refuses, the union can start the statutory route through the CAC (Central Arbitration Committee), an independent public body.

When the route applies

Statutory recognition is only possible where the employer has more than 21 workers. The union must be independent and certified, and it can apply to the CAC if at least 10% of the workers in the proposed bargaining unit — the group whose terms would be covered — are members.

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Can it happen without a ballot?

Yes. If more than half of the workers in the bargaining unit are union members, the CAC can declare recognition straight away, without a ballot (this follows from the Employment Relations Act 1999, Schedule A1). In some cases the committee will still order a secret ballot — for example if it decides one is needed in the interests of good industrial relations.

How the ballot works

Where there is no clear majority membership, the CAC runs a secret ballot. The union wins only if two conditions are met at once: a majority of those voting back recognition, and at least 40% of all the workers in the bargaining unit vote in favour. This double threshold stops a decision being made on a low turnout.

The deadlines

The process runs to a timetable. The employer must answer the CAC's request for information within 5 working days; a challenge to the union's application must also be made within 5 working days, and the committee replies within 10. A union cannot reapply for the same unit within 3 years of a refusal.

Why it matters to workers

For many migrant workers a recognised union is a way to secure transparent pay rates, overtime and protection from arbitrary dismissal. Once a union is recognised, the employer must discuss pay, hours and holidays with it. Joining a union and taking part in its activities is a legal right, and a worker cannot be dismissed or disadvantaged for it.

If you think your workplace should seek recognition, the sensible first step is to contact a relevant union: it can advise how to define the bargaining unit and build the membership needed before going to the CAC.

What is changing in the law

The rules on union recognition in Britain are gradually being simplified, with recent and ongoing changes making it easier for unions to reach workers and to use the process. Before applying, it is worth checking the current requirements on gov.uk and with the union itself, as individual thresholds and deadlines can be updated over time.

It also helps to remember that recognition need not be forced: more often the two sides agree voluntarily, and the terms of bargaining are then set out in a direct agreement without involving the CAC. The statutory route is a fallback for when an employer refuses.