The tribunal was asked whether the employer had recognised the Trades Union even though there was nothing formal in place.
Held: Phillips J said: ‘First, the question of recognition is a mixed question of fact and law. Secondly, recognition requires mutuality, that is to say that the employer acknowledges the role of the union for the relevant purposes and the union assents to that acknowledgment. Thirdly, such a process requires agreement, which may be express or implied. Fourthly, if it is said to be implied, the acts relied upon must be clear and unequivocal, and (usually) involve a course of conduct over a period of time. Fifthly, the words ‘to any extent’ in section 11(2) [‘see now section 178(3) of the Act of 1992′] do not refer to the strength or conviction of the recognition but to the subject or areas to which it relates. In other words there may be partial recognition; that is, recognition in certain respects but not in others.’
Judges:
Phillips J
Citations:
[1978] IRLR 504, [1978] ICR 62
Cited by:
Applied – Working Links (Employment) Ltd v Public and Commercial Services Union EAT 12-Mar-2013
EAT REDUNDANCY – Collective consultation and information
The evidence to support a conclusion that a trade union has been recognised by an employer for collective bargaining purposes within the meaning of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 May 2022; Ref: scu.471782