Mr G Reddick and others v 15 Simon Community Scotland — 2024

The tribunal heard a preliminary issue in complaints brought by Mr Reddick and others against Simon Community Scotland under s.145B TULRCA 1992. The question was whether Unite was recognised by the respondent for the purposes of collective bargaining on the relevant date, 28 April 2023. The tribunal heard evidence from Unite’s regional officer, Lorna Glen, and from the respondent’s chief executive, Lorraine McGrath, and deputy chief executive, Hugh Hill. It placed greater weight on contemporaneous documents than on recollection-based oral evidence.

On the documents, the tribunal found that an express written recognition agreement was concluded in October 2009. It relied in particular on the 24 August 2009 meeting minutes, the 13 October 2009 board minutes recording that the board approved the terms of the agreement, and the surrounding evidence that an amended draft recognition agreement was being prepared. The tribunal concluded that the agreement was for collective bargaining, not merely for information, consultation, or representation, and that it created a Joint Negotiating Committee structure.

The tribunal held that the agreement’s scope covered several of the matters in s.178(2) TULRCA 1992, including terms and conditions of employment, pay scales, staffing levels, job security and redundancy, job descriptions and work practices, facilities for union representation, and changes to the agreement. It found no express termination or repudiation before 28 April 2023. Although some meetings were consultative and there were periods when bargaining was limited, the tribunal found repeated references by both sides to the recognition agreement and JNC, together with examples of pay claims being taken through a negotiation process.

Applying the authorities on implied derecognition, the tribunal held that the respondent’s conduct was too mixed and inconsistent to amount to clear and unequivocal derecognition. It found that Unite remained recognised for collective bargaining on 28 April 2023, so the statutory test in s.178(3) TULRCA 1992 was satisfied and Unite was an independent recognised trade union for the purposes of s.145B(1).