ABSTRACT
The Employment Relations Act 1999 marks a departure in British industrial relations: for the first time, the law is beginning to shape the formal content of collective bargaining, despite the government’s declared intention to create conditions that encourage the conclusion of voluntary recognition agreements. First, under the legislation, if the parties cannot come to an agreement over a bargaining procedure, the CAC may impose a legally enforceable method, setting out strictly defined procedural arrangements. Second, the statutory award of recognition sets a minimal model for bargaining over pay, hours and holidays only. This statutory minimum is considered by unions to be restrictive in its scope (TUC 2003). Although the parties may agree to broaden the content of the agreement, the existence of the statutory model may influence the scope of any agreements the parties conclude following a statutory award.
