I have stayed in the UK for five years with an innovator visa. I have received the endorsement required. I am now 24 years old, and I am looking to apply for indefinite leave to remain. Are there any other things I need to do for my application?

You must have:

Indefinite leave to remain if you have an Innovator visa

Overview

You may be eligible for indefinite leave to remain if you have an Innovator visa.

You cannot apply until March 2022 at the earliest - 3 years after this way to settle was introduced.

Indefinite leave to remain is how you settle in the UK. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

Eligibility

You must have:

lived in the UK for 3 years using an Innovator visa - you cannot include time spent in the UK using any other visa

a new endorsement that shows you’ve met the requirements for growing your business

Knowledge of life in the UK

If you’re 18 to 64 you must pass the Life in the UK Test.

Time outside the UK

You must have spent no more than 180 days outside the UK in any 12 months.

If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).

When to apply

You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first.

Fees and how long it takes

It costs £2,389 for each person applying. You can include your partner and children on the same application form, if they’re eligible.

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

You’ll usually get a decision within 6 months.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

Getting endorsed

Before you can apply, you must show an approved body that you’ve grown your business.

If you meet the criteria, the body will give you an endorsement letter to show that you’re eligible for indefinite leave to remain.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator visa.

Endorsement requirements

You must be actively managing and developing the business.

Your business must be:

registered with Companies House, and you’re either the director or a member

currently trading, and be able to continue for at least the next 12 months

Your business must have done 2 of the following:

had £50,000 of investment, which you’ve spent on developing the business

doubled the number of customers in the last 3 years - and this number is higher than the average for similar businesses

applied for intellectual property protection in the UK

made £1 million revenue in the last full year covered by accounts

made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas

created the equivalent of 10 full-time jobs that have existed for 12 months

created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

The jobs you’ve created must be for ‘settled workers’. A settled worker is someone who was one of the following when they started working for you:

a British citizen

an EEA citizen who was living in the UK and working for you by 31 December 2020

a Commonwealth citizen with a UK Ancestry visa

someone with indefinite leave to remain or settled status

Family members

You can include your partner and children on your application if they’re eligible.

Your partner and children can apply separately at a later date, for example if they’re not eligible yet. They can continue to extend their visa as your dependant, even after you get indefinite leave to remain.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator visa)

they’ve lived in the UK with you as your dependant for at least 5 continuous years

your relationship is genuine

you intend to keep living together

you have enough income to support yourselves and your dependants

you’re not using public funds (benefits)

Your partner can include time they’ve spent as your dependant on another visa to count towards the continuous years they need to qualify. They cannot count any time spent on their own visa (not as your dependant).

Your partner must also:

pass the Life in the UK Test

meet the English language requirements

Eligibility for children

You can include children as dependants on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)

they are not married, in a civil partnership or living an independent life

they will live with you and be supported by you without relying on public funds (benefits)

you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent

you have sole responsibility for your child, or they normally live with you

there are serious or compelling reasons why they should be allowed to stay, for example you or your child has a serious illness

Extra documents for children over 16

You’ll need to prove:

where they live - if they do not live with you, you’ll need to explain why

any rent or upkeep they pay you each month

that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

bank statement

credit card bill

driving licence

NHS registration document

a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)

confirmation from their university or college on headed paper and issued by an authorised official (if they’re studying)

Children 18 and over

You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant

still do not live an independent life - for example, they have not got married or had children

They also need to:

pass the Life in the UK Test

meet the English language requirements

If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

How to apply

You cannot apply for indefinite leave to remain using an Innovator visa until March 2022 at the earliest.

Other ways to stay in the UK

If you’re not eligible to apply using an Innovator visa, you may be able to stay in the UK another way. Check if you can:

extend your permission to stay in the UK

use a different way to apply for indefinite leave to remain

lived in the UK for 3 years using an Innovator visa - you cannot include time spent in the UK using any other visa

Overview

You may be eligible for indefinite leave to remain if you have an Innovator visa.

You cannot apply until March 2022 at the earliest - 3 years after this way to settle was introduced.

Eligibility

You must have:

a new endorsement that shows you’ve met the requirements for growing your business

Knowledge of life in the UK

If you’re 18 to 64 you must pass the Life in the UK Test.

Time outside the UK

You must have spent no more than 180 days outside the UK in any 12 months.

If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).

When to apply

You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Fees and how long it takes

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

You’ll usually get a decision within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

Getting endorsed

Before you can apply, you must show an approved body that you’ve grown your business.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator visa.

Endorsement requirements

You must be actively managing and developing the business.

Your business must be:

registered with Companies House, and you’re either the director or a member

currently trading, and be able to continue for at least the next 12 months

Your business must have done 2 of the following:

had £50,000 of investment, which you’ve spent on developing the business

applied for intellectual property protection in the UK

made £1 million revenue in the last full year covered by accounts

made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas

created the equivalent of 10 full-time jobs that have existed for 12 months

created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

a British citizen

an EEA citizen who was living in the UK and working for you by 31 December 2020

a Commonwealth citizen with a UK Ancestry visa

someone with indefinite leave to remain or settled status

Family members

You can include your partner and children on your application if they’re eligible.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator visa)

they’ve lived in the UK with you as your dependant for at least 5 continuous years

your relationship is genuine

you intend to keep living together

you have enough income to support yourselves and your dependants

you’re not using public funds (benefits)

Your partner must also:

pass the Life in the UK Test

meet the English language requirements

Eligibility for children

You can include children as dependants on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)

they are not married, in a civil partnership or living an independent life

they will live with you and be supported by you without relying on public funds (benefits)

you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent

you have sole responsibility for your child, or they normally live with you

Extra documents for children over 16

You’ll need to prove:

where they live - if they do not live with you, you’ll need to explain why

any rent or upkeep they pay you each month

that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

bank statement

credit card bill

driving licence

NHS registration document

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

Children 18 and over

You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant

still do not live an independent life - for example, they have not got married or had children

They also need to:

pass the Life in the UK Test

meet the English language requirements

If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

How to apply

You cannot apply for indefinite leave to remain using an Innovator visa until March 2022 at the earliest.

Other ways to stay in the UK

extend your permission to stay in the UK

use a different way to apply for indefinite leave to remain

a new endorsement that shows you’ve met the requirements for growing your business

Overview

You may be eligible for indefinite leave to remain if you have an Innovator visa.

You cannot apply until March 2022 at the earliest - 3 years after this way to settle was introduced.

Eligibility

You must have:

lived in the UK for 3 years using an Innovator visa - you cannot include time spent in the UK using any other visa

Knowledge of life in the UK

If you’re 18 to 64 you must pass the Life in the UK Test.

Time outside the UK

You must have spent no more than 180 days outside the UK in any 12 months.

If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).

When to apply

You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Fees and how long it takes

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

You’ll usually get a decision within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

Getting endorsed

Before you can apply, you must show an approved body that you’ve grown your business.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator visa.

Endorsement requirements

You must be actively managing and developing the business.

Your business must be:

registered with Companies House, and you’re either the director or a member

currently trading, and be able to continue for at least the next 12 months

Your business must have done 2 of the following:

had £50,000 of investment, which you’ve spent on developing the business

doubled the number of customers in the last 3 years - and this number is higher than the average for similar businesses

applied for intellectual property protection in the UK

made £1 million revenue in the last full year covered by accounts

made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas

created the equivalent of 10 full-time jobs that have existed for 12 months

created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

a British citizen

an EEA citizen who was living in the UK and working for you by 31 December 2020

a Commonwealth citizen with a UK Ancestry visa

someone with indefinite leave to remain or settled status

Family members

You can include your partner and children on your application if they’re eligible.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator visa)

they’ve lived in the UK with you as your dependant for at least 5 continuous years

your relationship is genuine

you intend to keep living together

you have enough income to support yourselves and your dependants

you’re not using public funds (benefits)

Your partner must also:

pass the Life in the UK Test

meet the English language requirements

Eligibility for children

You can include children as dependants on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)

they are not married, in a civil partnership or living an independent life

they will live with you and be supported by you without relying on public funds (benefits)

you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent

you have sole responsibility for your child, or they normally live with you

Extra documents for children over 16

You’ll need to prove:

where they live - if they do not live with you, you’ll need to explain why

any rent or upkeep they pay you each month

that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

bank statement

credit card bill

driving licence

NHS registration document

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)

Children 18 and over

You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant

still do not live an independent life - for example, they have not got married or had children

They also need to:

pass the Life in the UK Test

meet the English language requirements

If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

How to apply

You cannot apply for indefinite leave to remain using an Innovator visa until March 2022 at the earliest.

Other ways to stay in the UK

extend your permission to stay in the UK

use a different way to apply for indefinite leave to remain

If you’re 18 to 64 you must pass the Life in the UK Test.

Overview

You may be eligible for indefinite leave to remain if you have an Innovator visa.

You cannot apply until March 2022 at the earliest - 3 years after this way to settle was introduced.

Eligibility

You must have:

lived in the UK for 3 years using an Innovator visa - you cannot include time spent in the UK using any other visa

a new endorsement that shows you’ve met the requirements for growing your business

Knowledge of life in the UK

Time outside the UK

You must have spent no more than 180 days outside the UK in any 12 months.

If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).

When to apply

You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Fees and how long it takes

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

You’ll usually get a decision within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

Getting endorsed

Before you can apply, you must show an approved body that you’ve grown your business.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator visa.

Endorsement requirements

You must be actively managing and developing the business.

Your business must be:

registered with Companies House, and you’re either the director or a member

currently trading, and be able to continue for at least the next 12 months

Your business must have done 2 of the following:

had £50,000 of investment, which you’ve spent on developing the business

doubled the number of customers in the last 3 years - and this number is higher than the average for similar businesses

applied for intellectual property protection in the UK

made £1 million revenue in the last full year covered by accounts

made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas

created the equivalent of 10 full-time jobs that have existed for 12 months

created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

a British citizen

an EEA citizen who was living in the UK and working for you by 31 December 2020

a Commonwealth citizen with a UK Ancestry visa

someone with indefinite leave to remain or settled status

Family members

You can include your partner and children on your application if they’re eligible.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator visa)

they’ve lived in the UK with you as your dependant for at least 5 continuous years

your relationship is genuine

you intend to keep living together

you have enough income to support yourselves and your dependants

you’re not using public funds (benefits)

Your partner must also:

pass the Life in the UK Test

meet the English language requirements

Eligibility for children

You can include children as dependants on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)

they are not married, in a civil partnership or living an independent life

they will live with you and be supported by you without relying on public funds (benefits)

you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent

you have sole responsibility for your child, or they normally live with you

Extra documents for children over 16

You’ll need to prove:

where they live - if they do not live with you, you’ll need to explain why

any rent or upkeep they pay you each month

that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

bank statement

credit card bill

driving licence

NHS registration document

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)

Children 18 and over

You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant

still do not live an independent life - for example, they have not got married or had children

They also need to:

pass the Life in the UK Test

meet the English language requirements

If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

How to apply

You cannot apply for indefinite leave to remain using an Innovator visa until March 2022 at the earliest.

Other ways to stay in the UK

extend your permission to stay in the UK

use a different way to apply for indefinite leave to remain

You must have spent no more than 180 days outside the UK in any 12 months.

Overview

You may be eligible for indefinite leave to remain if you have an Innovator visa.

You cannot apply until March 2022 at the earliest - 3 years after this way to settle was introduced.

Eligibility

You must have:

lived in the UK for 3 years using an Innovator visa - you cannot include time spent in the UK using any other visa

a new endorsement that shows you’ve met the requirements for growing your business

Knowledge of life in the UK

If you’re 18 to 64 you must pass the Life in the UK Test.

Time outside the UK

If you think you’re affected by this rule, find out how to calculate your time in the UK (‘continuous residence’).

When to apply

You’ll be able to apply 28 days before you’re eligible. Your application may be refused if you apply earlier.

Fees and how long it takes

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

You’ll usually get a decision within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

Getting endorsed

Before you can apply, you must show an approved body that you’ve grown your business.

Once you’ve got your letter, you must apply for indefinite leave to remain within 3 months.

You do not need to use the same body that endorsed you for your Innovator visa.

Endorsement requirements

You must be actively managing and developing the business.

Your business must be:

registered with Companies House, and you’re either the director or a member

currently trading, and be able to continue for at least the next 12 months

Your business must have done 2 of the following:

had £50,000 of investment, which you’ve spent on developing the business

doubled the number of customers in the last 3 years - and this number is higher than the average for similar businesses

applied for intellectual property protection in the UK

made £1 million revenue in the last full year covered by accounts

made £500,000 revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas

created the equivalent of 10 full-time jobs that have existed for 12 months

created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year

You may have already met some of these criteria when you applied for your visa.

If you’ve created jobs

a British citizen

an EEA citizen who was living in the UK and working for you by 31 December 2020

a Commonwealth citizen with a UK Ancestry visa

someone with indefinite leave to remain or settled status

Family members

You can include your partner and children on your application if they’re eligible.

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner (as a ‘dependant’ on your Innovator visa)

they’ve lived in the UK with you as your dependant for at least 5 continuous years

your relationship is genuine

you intend to keep living together

you have enough income to support yourselves and your dependants

you’re not using public funds (benefits)

Your partner must also:

pass the Life in the UK Test

meet the English language requirements

Eligibility for children

You can include children as dependants on your application if:

they have permission to be in the UK as your child (as a ‘dependant’ on your visa)

they are not married, in a civil partnership or living an independent life

they will live with you and be supported by you without relying on public funds (benefits)

you and your child’s other parent are both currently applying to settle, or are already settled

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent

you have sole responsibility for your child, or they normally live with you

Extra documents for children over 16

You’ll need to prove:

where they live - if they do not live with you, you’ll need to explain why

any rent or upkeep they pay you each month

that you support them financially if they do not live with you

You’ll need to provide 2 documents from this list to prove where they live:

bank statement

credit card bill

driving licence

NHS registration document

The documents you provide cannot be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide:

bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)

Children 18 and over

You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant

still do not live an independent life - for example, they have not got married or had children

They also need to:

pass the Life in the UK Test

meet the English language requirements

If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

How to apply

You cannot apply for indefinite leave to remain using an Innovator visa until March 2022 at the earliest.

Other ways to stay in the UK

extend your permission to stay in the UK

use a different way to apply for indefinite leave to remain


I have a fourteen year old son who has recently gone off the rails and got into a good deal of trouble at school. After the last incident he was excluded for 10 days. He seems indifferent but I am very worried about his future, as no alternative education appears to have been arranged for him. The exclusion means that my child will miss his year 9 tests. What can I do about my child's exclusion?

You can ask the school’s governing body to overturn the exclusion if either:

School discipline and exclusions

Discipline

School behaviour policy

Every school has a behaviour policy, which lists the rules of conduct for pupils before and after school as well as during the school day.

The policy should also say what the school does to prevent bullying.

You can ask the school for a copy of the policy document.

Punishments

Schools can punish pupils if they behave badly.

Examples of punishments (sometimes called ‘sanctions’) include:

a telling-off

a letter home

removal from a class or group

confiscating something inappropriate for school , eg mobile phone or MP3 player

detention

Detention

Schools don’t have to give parents notice of after-school detentions or tell them why a detention has been given.

Physical contact

School staff can use reasonable force to control and restrain pupils. This could include leading a pupil by the arm into a classroom.

Complaining about a punishment

If you disagree with the way your child’s been punished, first talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.

Exclusions

Headteachers can exclude your child if they misbehave in or outside school.

What happens when your child is excluded

Your child’s school will let you know about an exclusion as soon as possible. They’ll follow up with a letter telling you how long your child is excluded for and why.

You should also be told how to challenge the exclusion, if you want to.

Exclusions can start on the same day but the school shouldn’t make you collect your child straight away.

Risk of prosecution if child is found in public place

For the first 5 school days of an exclusion, it’s your responsibility to make sure your child isn’t in a public place during normal school hours unless there is a good reason.

You might be prosecuted if your child is found in a public place when they’re not supposed to be.

Child Law Advice has more information on what happens when a child is excluded.

Types of exclusion

There are 2 kinds of exclusion - fixed period (suspended) and permanent (expelled).

Fixed period exclusion

A fixed period exclusion is where your child is temporarily removed from school. They can only be removed for up to 45 school days in one school year, even if they’ve changed school.

If a child has been excluded for a fixed period, schools should set and mark work for the first 5 school days.

If the exclusion is longer than 5 school days, the school must arrange suitable full-time education from the sixth school day, eg at a pupil referral unit.

Permanent exclusion

Permanent exclusion means your child is expelled. Your local council must arrange full-time education from the sixth school day.

Alternative education and exclusion

The school or local council must tell you about any alternative education they arrange. It’s your responsibility to make sure your child attends.

Making a complaint

If alternative education isn’t arranged within 5 days, or you’re not happy with the education, you can complain to:

the school, for fixed period exclusions

the local council, for permanent exclusions

If you’re not happy with the response, you can complain to the Department for Education (DfE).

You’ll need to show that you followed the school or council’s complaints procedure.

Challenging exclusion

You’ll get a letter from the school telling you what to do if you disagree with the exclusion.

You can ask the school’s governing body to overturn the exclusion if either:

your child has been excluded for more than 5 days

the exclusion means they’ll miss a public exam or national curriculum test

If the exclusion is for 5 days or fewer, you can still ask the governors to hear your views but they can’t overturn the headteacher’s decision.

Challenging permanent exclusion

You’ll be invited to a review meeting with the school’s governors if your child has been permanently excluded. This will happen within 15 school days.

If the governors don’t overturn the exclusion, you can ask for an independent review by your local council (or academy trust if the school’s an academy). The governors must tell you how to do this.

If your child is still excluded you can ask the Local Government Ombudsman (or the Education Funding Agency if the school’s an academy or free school) to look at whether your case was handled properly. They can’t overturn the exclusion.

Discrimination and other complaints

You can make a claim to a court or a tribunal if you think your child’s been discriminated against. You need to do this within 6 months of the exclusion.

Contact the Equality Advisory Support Service for help and advice.

For more general complaints (eg if you don’t want to challenge the exclusion but you’re not happy with the way the school handled it), follow the normal school complaints process.

Searches

Searches without your child’s consent

The school doesn’t need your child’s consent to search them if they think your child has prohibited items, including:

weapons, eg knives

alcohol

illegal drugs

stolen goods

tobacco products, eg cigarettes

pornographic images (of any kind, eg tabloid topless pictures and ‘lads’ mags’ as well as extreme adult material)

fireworks

anything that has been, or is likely to be, used to cause injury or commit an offence

anything banned in the school rules

These things can be confiscated.

Legal requirements of a search

There should normally be 2 members of staff present during the search - the person doing the search and the search witness. Searches should normally be done by someone the same sex as your child.

The search witness must also be the same sex as your child if possible. Your child must not be asked to remove clothes, other than outer clothing like a coat.

If there’s a risk of serious harm to a person if the search is not conducted immediately, a child may be searched by a person of the opposite sex and without another member of staff present.

Metal detectors

Schools can make pupils go through a metal detector - they don’t have to suspect that your child has a weapon. If your child refuses to go through the metal detector, they can be stopped from coming into school.

Complaining about a search

If you’re unhappy with a search on your child at school, talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.

School discipline and exclusions

Discipline

School behaviour policy

The policy should also say what the school does to prevent bullying.

You can ask the school for a copy of the policy document.

Punishments

Schools can punish pupils if they behave badly.

Examples of punishments (sometimes called ‘sanctions’) include:

a telling-off

a letter home

removal from a class or group

confiscating something inappropriate for school , eg mobile phone or MP3 player

detention

Detention

Physical contact

Complaining about a punishment

Exclusions

Headteachers can exclude your child if they misbehave in or outside school.

What happens when your child is excluded

You should also be told how to challenge the exclusion, if you want to.

Risk of prosecution if child is found in public place

Child Law Advice has more information on what happens when a child is excluded.

Types of exclusion

Fixed period exclusion

Permanent exclusion

Alternative education and exclusion

Making a complaint

the school, for fixed period exclusions

the local council, for permanent exclusions

Challenging exclusion

You can ask the school’s governing body to overturn the exclusion if either:

your child has been excluded for more than 5 days

the exclusion means they’ll miss a public exam or national curriculum test

Challenging permanent exclusion

Discrimination and other complaints

Contact the Equality Advisory Support Service for help and advice.

Searches

Searches without your child’s consent

weapons, eg knives

alcohol

illegal drugs

stolen goods

tobacco products, eg cigarettes

fireworks

anything banned in the school rules

These things can be confiscated.

Legal requirements of a search

Metal detectors

Complaining about a search


I have a court hearing as my sentence has been appealed, I have no idea what this means or what the process will be of my appeal. What happens after the hearing at the Crown Court if I win the appeal ?

If you win your appeal against your sentence, it will be reduced.

Appeal a magistrates’ court decision

What you can appeal

You can appeal to the magistrates’ court against your:

sentence, if you pleaded guilty

conviction and sentence, if you pleaded not guilty

You should talk to your legal representative (if you have one) or get help from a legal adviser before you appeal.

Ask the court to reconsider a decision

If you think the decision was wrong, you can ask the court to reconsider a sentence or conviction. For example, if there was a serious mistake or the court did not follow the right steps.

If you disagree with the decision but there has been no mistake you will normally need to appeal to the Crown Court.

If you did not know about your court case

If you did not know about your case before a decision was made, you can make a statutory declaration to a magistrates’ court to reopen your case.

Change the amount you’ve been fined

You can ask the court to change the amount you’ve been fined if:

your financial circumstances have changed

the court did not know your income at the time of your conviction

Ask the court to reconsider a decision

You can ask the court to reconsider your conviction, sentence or court order if you think the decision was wrong for a legal reason, for example if the court did not:

give proper reasons for its decision, or back up the decision with facts

apply the law properly

This is different to making an appeal to the Crown Court.

If you pleaded guilty, you cannot ask the court to reconsider your conviction.

How to get a decision reconsidered

Submit your request as early as possible by writing to the magistrates’ court where you had your hearing.

You must include:

information about your conviction, sentence or court order

why you think the decision should change

what the conviction, sentence or order should be changed to

Send a copy of your application to the prosecutor’s office (you can find the address of the prosecutor by contacting
the magistrates’ court where you were convicted).

The court will decide if a hearing is needed.

If you did not know about your case

If a magistrates’ court convicted you without you knowing, you can make a statutory declaration before a magistrates’ court or to a commissioner for oaths (for example a solicitor).

If the court accepts your declaration they will start the proceedings again. Your conviction or sentence will no longer apply.

When to make your declaration

You must give your completed declaration to the court within 21 days of finding out about your case.

If you want to give a declaration after 21 days, you’ll have to ask the court if they’ll accept it.

Making a statutory declaration

Download a statutory declaration (called an ignorance of proceedings form) or ask for a copy at your local magistrates’ court.

Fill out the form telling the court when and how you heard about your court case. You’ll need to provide details of your case, including where your hearing was held and on what date.

Arrange an appointment to make your statutory declaration before a solicitor or any magistrates’ court.

Sign and date your form.

Give your declaration to the court or ask your solicitor to do it.

If your case was decided by a magistrate without a hearing, you’ll need to give a written plea (or a completed single justice procedure notice if you have one) to the court or your solicitor along with your statutory declaration.

Get a fine reviewed

You can ask the court to change a fine if:

the court did not know your income when they convicted you

Your original conviction or record of your offence will not change.

How to ask for a review

Write to the court or go to your court hearing with evidence of your income and living expenses.

If your income has changed since you were sentenced you need to also provide your income on the date you were sentenced.

You can ask your legal adviser if you’re not sure what documents you need.

What happens next

The court will decide if the decision should be reconsidered.

You may need to attend court for another hearing. They’ll let you know when the hearing will take place.

Appeal to the Crown Court

If you disagree with a decision but there has been no mistake you can appeal to the Crown Court.

Download and fill in the ‘Appeal to the Crown Court’ form that relates to your crime or sentence. Send the form by post or email. The address is on the form.

If you were convicted at a magistrates’ court but sentenced at a Crown Court, follow the rules for appealing a Crown Court decision.

If you pleaded guilty, you can only appeal against your sentence.

When to appeal

You must appeal within 21 days of the date you were sentenced.

If you want to appeal after 21 days, you’ll have to ask the Crown Court for permission before you can appeal. The magistrates’ court where you were sentenced will tell you how to do this.

Talk to your legal representative (if you have one) or get help from a legal adviser before you appeal.

The court hearing

The Crown Court will make a decision on your appeal at a hearing.

You’ll get a letter within 80 days of making your appeal to let you know when and where the hearing will take place.

The hearing is usually held at your nearest Crown Court.

What happens at the hearing

You’ll have the chance to present your case to the judge and magistrates. Representatives from the prosecution will present the case against you.

The judge might also ask you questions during the hearing.

You’ll be told whether you’ve won your appeal at the hearing. You’ll also be sent a copy of the judge’s decision by post.

Stopping your appeal

You can apply to stop your appeal before the hearing. Your appeal cannot be restarted once it’s been stopped.

Send a ‘notice of abandonment of appeal’ to the magistrates’ court where you sent your appeal and the Crown Court where your hearing will take place.

You must also send a copy to any other parties involved in the case, for example a prosecutor.

If you win your appeal

If you win your appeal against your conviction, your sentence will no longer apply. You might be able to apply to get compensation.

The court might decide you can get some of your legal costs paid back, for example your solicitor’s fee.

If you lose your appeal

Your original sentence or conviction might change.

Check with your legal adviser if you can appeal again. You might have to pay extra costs if you do.


I represent a union for a mid sized group of factory workers in the East Midlands. Recently there has been some discontent against the union from a small group of members. What could happen if the discontent within the union continues to mount?

If the application is successful, the union will cease to represent the workforce in negotiations with the employer.

Derecognise a union

Overview

Trade unions can be recognised to represent groups of employees in a company in negotiations over pay, holidays and working conditions through either:

a voluntary agreement with the employer

a declaration by the Central Arbitration Committee (CAC).

Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.

When employers can apply

Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:

the number of people employed by the company has fallen to less than 21

workers in the bargaining unit no longer support the union

the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

You can apply to have a union derecognised if workers in the bargaining unit no longer support the union and don’t want to be represented by the union.

You can apply to have a non-independent union derecognised if the majority of workers do not support it.

Employers: reduced workforce

As an employer, you can apply to the Central Arbitration Committee (CAC) to have a trade union derecognised if both of the following are true:

you’ve employed less than 21 people for a continuous 13-week period

it is more than 3 years since recognition was declared by the CAC

You must give written notice to the union asking for the union to be derecognised.  Notice must be given within 5 days of the end of the relevant 13-week period.

Your letter must include the following details:

the specific 13-week period during which you had less than 21 workers

the number of workers you employed in that time

the current bargaining arrangements

the date you want the arrangements to end - this must be at least 35 working days after the request was made

You must give a copy of the letter to the CAC. The CAC will tell you within 10 days if the notice you gave the union was valid.

Your notice is valid

The union will be derecognised and you won’t have to negotiate with them anymore, unless they make an application to the CAC because they believe that:

the 13-week period was within 3 years of them gaining recognition

your company employed 21 or more workers during that time

Your notice isn’t valid

You must continue with the current collective bargaining arrangements.

Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers

what the current arrangements are

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

Within this period, either side can ask  the Advisory, Conciliation and Arbitration Service (Acas) to help with negotiations. You may extend this period if the union agrees.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether  to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.

Employers: union membership is less than 50%

If the Central Arbitration Committee (CAC) declared recognition without a ballot more than 3 years ago, a union can be derecognised if the level of union membership in the bargaining unit falls below 50%.

Apply to the CAC to hold a secret ballot of employees on whether collective bargaining should be ended.

You can only apply if:

the CAC declared recognition without a ballot more than 3 years ago

Ask the union to voluntarily derecognise

You must send a written request to the unions, stating:

that fewer than 50% of the workers in the bargaining unit are union members

what the current bargaining arrangements are, eg how many workers are in the bargaining unit, where they work

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union rejects your request but is willing to negotiate

You have 10 days to negotiate an agreement about derecognition. You can extend this period if the union agrees.

The union doesn’t respond or rejects your request

Apply to CAC to hold a secret ballot of workers to see if they support derecognition.

You can’t apply if there have been any applications to CAC for an end to bargaining arrangements in the previous 3 years.

Provide evidence (eg letters supporting your application, workplace surveys) that less than 50% of the bargaining unit are union members.

Send the completed form and your supporting documents to CAC. You must send copies of the form and evidence to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange for a secret ballot of the workers to be held if your application is successful.

You will have to continue negotiating with the union if your application fails.

Workers: union loses support

You can apply to the Central Arbitration Committee (CAC) for a secret ballot on derecognition if you believe the union no longer has the support of the bargaining unit.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your evidence to both the union and the CAC.

What happens next

You may be asked to attend a hearing if CAC needs information to support your application, eg evidence of levels of union support.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Workers: derecognise a non-independent union

An employee or group of workers can apply to the Central Arbitration Committee (CAC) to derecognise a non-independent union that the employer recognised voluntarily.

A non-independent union represents employees but has not been given a certificate of independence by the Certification Officer. You can check this on the Certification Officer’s website.

You can apply any time after the union has been recognised by the employer.

Apply for a secret ballot

Apply to CAC to hold a secret ballot of workers to find out if they want the union derecognsied.

The form must be completed and signed by an employee in the bargaining unit.

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of employees in the bargaining are likely to favour an end to the bargaining arrangements

Send the completed form plus your documents to CAC. Send a signed copy of the form and evidence to the union and your employer.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Holding a derecognition ballot

When employers, workers and the union have tried to reach agreement about derecognition but failed, the Central Arbitration Committee (CAC) will hold a secret ballot.

CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.

How the ballot works

CAC will appoint a qualified independent person (QIP) who will aim to conduct the ballot within 20 working days of their appointment. The CAC may extend this period if necessary.

The QIP will provide an estimate for the cost of running the ballot. The arrangements for the ballot will be decided by the CAC after consulting the employer and the union.

The final cost of the ballot will be split equally between the employer and the union.

The employer and the union must follow the Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition.

Complain when someone doesn’t co-operate

Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.

The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.

CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.

If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.

Complain about unfair practices

Complain to the Central Arbitration Committee (CAC) if you feel that another party is using unfair practices to influence the ballot, eg bribery or threats.

To make a complaint fill in the unfair practices application form and send it to CAC. The address is on the form.

Complaints can be made at any time up to the end of day after the ballot closes.

Where CAC finds that unfair practices were used they may:

reschedule the ballot

cancel the ballot and declare that the union is derecognised

cancel the ballot and refuse the application for derecognition

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

For a union to be derecognised the majority of those voting, and at least 40% of the workers in the bargaining unit, must vote in favour of ending the bargaining arrangements.

The Central Arbitration Committee (CAC) will declare the union as derecognised or will refuse the application for derecognition.

Paying for the ballot

The employer and the union will each receive a demand from the qualified independent person (QIP) for their share of the cost of running the ballot.

This must be paid in 15 days. If either party wishes to dispute the amount they can appeal to an employment tribunal.

What you must do

As an employer, you no longer have to work with a union that’s been derecognised.

You must continue to work with a union if the CAC have refused the application for derecognition. You cannot reapply for the union to be derecognised for 3 years.

Derecognise a union

Overview

a voluntary agreement with the employer

a declaration by the Central Arbitration Committee (CAC).

Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.

If the application is successful, the union will cease to represent the workforce in negotiations with the employer.

When employers can apply

Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:

the number of people employed by the company has fallen to less than 21

workers in the bargaining unit no longer support the union

the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

You can apply to have a non-independent union derecognised if the majority of workers do not support it.

Employers: reduced workforce

As an employer, you can apply to the Central Arbitration Committee (CAC) to have a trade union derecognised if both of the following are true:

you’ve employed less than 21 people for a continuous 13-week period

it is more than 3 years since recognition was declared by the CAC

Your letter must include the following details:

the specific 13-week period during which you had less than 21 workers

the number of workers you employed in that time

the current bargaining arrangements

the date you want the arrangements to end - this must be at least 35 working days after the request was made

You must give a copy of the letter to the CAC. The CAC will tell you within 10 days if the notice you gave the union was valid.

Your notice is valid

the 13-week period was within 3 years of them gaining recognition

your company employed 21 or more workers during that time

Your notice isn’t valid

You must continue with the current collective bargaining arrangements.

Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers

what the current arrangements are

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether  to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.

Employers: union membership is less than 50%

Apply to the CAC to hold a secret ballot of employees on whether collective bargaining should be ended.

You can only apply if:

the CAC declared recognition without a ballot more than 3 years ago

Ask the union to voluntarily derecognise

You must send a written request to the unions, stating:

that fewer than 50% of the workers in the bargaining unit are union members

what the current bargaining arrangements are, eg how many workers are in the bargaining unit, where they work

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union rejects your request but is willing to negotiate

You have 10 days to negotiate an agreement about derecognition. You can extend this period if the union agrees.

The union doesn’t respond or rejects your request

Apply to CAC to hold a secret ballot of workers to see if they support derecognition.

You can’t apply if there have been any applications to CAC for an end to bargaining arrangements in the previous 3 years.

Provide evidence (eg letters supporting your application, workplace surveys) that less than 50% of the bargaining unit are union members.

Send the completed form and your supporting documents to CAC. You must send copies of the form and evidence to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange for a secret ballot of the workers to be held if your application is successful.

You will have to continue negotiating with the union if your application fails.

Workers: union loses support

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your evidence to both the union and the CAC.

What happens next

You may be asked to attend a hearing if CAC needs information to support your application, eg evidence of levels of union support.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Workers: derecognise a non-independent union

You can apply any time after the union has been recognised by the employer.

Apply for a secret ballot

Apply to CAC to hold a secret ballot of workers to find out if they want the union derecognsied.

The form must be completed and signed by an employee in the bargaining unit.

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of employees in the bargaining are likely to favour an end to the bargaining arrangements

Send the completed form plus your documents to CAC. Send a signed copy of the form and evidence to the union and your employer.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Holding a derecognition ballot

CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.

How the ballot works

The final cost of the ballot will be split equally between the employer and the union.

Complain when someone doesn’t co-operate

Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.

The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.

CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.

If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.

Complain about unfair practices

To make a complaint fill in the unfair practices application form and send it to CAC. The address is on the form.

Complaints can be made at any time up to the end of day after the ballot closes.

Where CAC finds that unfair practices were used they may:

reschedule the ballot

cancel the ballot and declare that the union is derecognised

cancel the ballot and refuse the application for derecognition

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

The Central Arbitration Committee (CAC) will declare the union as derecognised or will refuse the application for derecognition.

Paying for the ballot

The employer and the union will each receive a demand from the qualified independent person (QIP) for their share of the cost of running the ballot.

This must be paid in 15 days. If either party wishes to dispute the amount they can appeal to an employment tribunal.

What you must do

As an employer, you no longer have to work with a union that’s been derecognised.

You can apply to have a non-independent union derecognised if the majority of workers do not support it.

Derecognise a union

Overview

a voluntary agreement with the employer

a declaration by the Central Arbitration Committee (CAC).

Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.

If the application is successful, the union will cease to represent the workforce in negotiations with the employer.

When employers can apply

Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:

the number of people employed by the company has fallen to less than 21

workers in the bargaining unit no longer support the union

the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

Employers: reduced workforce

As an employer, you can apply to the Central Arbitration Committee (CAC) to have a trade union derecognised if both of the following are true:

you’ve employed less than 21 people for a continuous 13-week period

it is more than 3 years since recognition was declared by the CAC

Your letter must include the following details:

the specific 13-week period during which you had less than 21 workers

the number of workers you employed in that time

the current bargaining arrangements

the date you want the arrangements to end - this must be at least 35 working days after the request was made

You must give a copy of the letter to the CAC. The CAC will tell you within 10 days if the notice you gave the union was valid.

Your notice is valid

the 13-week period was within 3 years of them gaining recognition

your company employed 21 or more workers during that time

Your notice isn’t valid

You must continue with the current collective bargaining arrangements.

Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers

what the current arrangements are

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether  to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.

Employers: union membership is less than 50%

Apply to the CAC to hold a secret ballot of employees on whether collective bargaining should be ended.

You can only apply if:

the CAC declared recognition without a ballot more than 3 years ago

Ask the union to voluntarily derecognise

You must send a written request to the unions, stating:

that fewer than 50% of the workers in the bargaining unit are union members

what the current bargaining arrangements are, eg how many workers are in the bargaining unit, where they work

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union rejects your request but is willing to negotiate

You have 10 days to negotiate an agreement about derecognition. You can extend this period if the union agrees.

The union doesn’t respond or rejects your request

Apply to CAC to hold a secret ballot of workers to see if they support derecognition.

You can’t apply if there have been any applications to CAC for an end to bargaining arrangements in the previous 3 years.

Provide evidence (eg letters supporting your application, workplace surveys) that less than 50% of the bargaining unit are union members.

Send the completed form and your supporting documents to CAC. You must send copies of the form and evidence to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange for a secret ballot of the workers to be held if your application is successful.

You will have to continue negotiating with the union if your application fails.

Workers: union loses support

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your evidence to both the union and the CAC.

What happens next

You may be asked to attend a hearing if CAC needs information to support your application, eg evidence of levels of union support.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Workers: derecognise a non-independent union

You can apply any time after the union has been recognised by the employer.

Apply for a secret ballot

Apply to CAC to hold a secret ballot of workers to find out if they want the union derecognsied.

The form must be completed and signed by an employee in the bargaining unit.

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of employees in the bargaining are likely to favour an end to the bargaining arrangements

Send the completed form plus your documents to CAC. Send a signed copy of the form and evidence to the union and your employer.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Holding a derecognition ballot

CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.

How the ballot works

The final cost of the ballot will be split equally between the employer and the union.

Complain when someone doesn’t co-operate

Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.

The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.

CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.

If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.

Complain about unfair practices

To make a complaint fill in the unfair practices application form and send it to CAC. The address is on the form.

Complaints can be made at any time up to the end of day after the ballot closes.

Where CAC finds that unfair practices were used they may:

reschedule the ballot

cancel the ballot and declare that the union is derecognised

cancel the ballot and refuse the application for derecognition

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

The Central Arbitration Committee (CAC) will declare the union as derecognised or will refuse the application for derecognition.

Paying for the ballot

The employer and the union will each receive a demand from the qualified independent person (QIP) for their share of the cost of running the ballot.

This must be paid in 15 days. If either party wishes to dispute the amount they can appeal to an employment tribunal.

What you must do

As an employer, you no longer have to work with a union that’s been derecognised.

Derecognise a union

Overview

Trade unions can be recognised to represent groups of employees in a company in negotiations over pay, holidays and working conditions through either:

a voluntary agreement with the employer

a declaration by the Central Arbitration Committee (CAC).

Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.

If the application is successful, the union will cease to represent the workforce in negotiations with the employer.

When employers can apply

Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:

the number of people employed by the company has fallen to less than 21

workers in the bargaining unit no longer support the union

the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

You can apply to have a non-independent union derecognised if the majority of workers do not support it.

Employers: reduced workforce

As an employer, you can apply to the Central Arbitration Committee (CAC) to have a trade union derecognised if both of the following are true:

you’ve employed less than 21 people for a continuous 13-week period

it is more than 3 years since recognition was declared by the CAC

Your letter must include the following details:

the specific 13-week period during which you had less than 21 workers

the number of workers you employed in that time

the current bargaining arrangements

the date you want the arrangements to end - this must be at least 35 working days after the request was made

You must give a copy of the letter to the CAC. The CAC will tell you within 10 days if the notice you gave the union was valid.

Your notice is valid

the 13-week period was within 3 years of them gaining recognition

your company employed 21 or more workers during that time

Your notice isn’t valid

You must continue with the current collective bargaining arrangements.

Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers

what the current arrangements are

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether  to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.

Employers: union membership is less than 50%

Apply to the CAC to hold a secret ballot of employees on whether collective bargaining should be ended.

You can only apply if:

the CAC declared recognition without a ballot more than 3 years ago

Ask the union to voluntarily derecognise

You must send a written request to the unions, stating:

that fewer than 50% of the workers in the bargaining unit are union members

what the current bargaining arrangements are, eg how many workers are in the bargaining unit, where they work

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union rejects your request but is willing to negotiate

You have 10 days to negotiate an agreement about derecognition. You can extend this period if the union agrees.

The union doesn’t respond or rejects your request

Apply to CAC to hold a secret ballot of workers to see if they support derecognition.

You can’t apply if there have been any applications to CAC for an end to bargaining arrangements in the previous 3 years.

Provide evidence (eg letters supporting your application, workplace surveys) that less than 50% of the bargaining unit are union members.

Send the completed form and your supporting documents to CAC. You must send copies of the form and evidence to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

The CAC will arrange for a secret ballot of the workers to be held if your application is successful.

You will have to continue negotiating with the union if your application fails.

Workers: union loses support

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your evidence to both the union and the CAC.

What happens next

You may be asked to attend a hearing if CAC needs information to support your application, eg evidence of levels of union support.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Workers: derecognise a non-independent union

You can apply any time after the union has been recognised by the employer.

Apply for a secret ballot

Apply to CAC to hold a secret ballot of workers to find out if they want the union derecognsied.

The form must be completed and signed by an employee in the bargaining unit.

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of employees in the bargaining are likely to favour an end to the bargaining arrangements

Send the completed form plus your documents to CAC. Send a signed copy of the form and evidence to the union and your employer.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether to grant your application.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Holding a derecognition ballot

CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.

How the ballot works

The final cost of the ballot will be split equally between the employer and the union.

Complain when someone doesn’t co-operate

Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.

The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.

CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.

If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.

Complain about unfair practices

To make a complaint fill in the unfair practices application form and send it to CAC. The address is on the form.

Complaints can be made at any time up to the end of day after the ballot closes.

Where CAC finds that unfair practices were used they may:

reschedule the ballot

cancel the ballot and declare that the union is derecognised

cancel the ballot and refuse the application for derecognition

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

The Central Arbitration Committee (CAC) will declare the union as derecognised or will refuse the application for derecognition.

Paying for the ballot

The employer and the union will each receive a demand from the qualified independent person (QIP) for their share of the cost of running the ballot.

This must be paid in 15 days. If either party wishes to dispute the amount they can appeal to an employment tribunal.

What you must do

As an employer, you no longer have to work with a union that’s been derecognised.