扒哥吃瓜

Case Number: TUR1/1533(2026)

6 May 2026

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECISION ON WHETHER TO ACCEPT THE APPLICATION

The Parties:

GMB

and

Luxfer MEL Technologies

1. Introduction

1)聽聽聽聽聽聽聽聽 GMB (the Union) submitted an application to the CAC dated 16 March 2026 that it should be recognised for collective bargaining purposes by Luxfer MEL Technologies (the Employer) for a bargaining unit comprising 鈥渢hose working on B2 contracts (B2 contract roles).鈥�

2)聽聽聽聽聽聽聽聽 The location of the bargaining unit was given as Luxfer MEL Technologies, Elektron Technology Centre, Lumns Lane, Manchester, M27 8LN. The application was received by the CAC on 16 March 2026, and the CAC gave both parties notice of receipt of the application on 16 March 2026. The Employer submitted a response to the CAC dated 23 March 2026 which was copied to the Union.

3)聽聽聽聽聽聽聽聽 In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chair established a Panel to deal with the case.聽 The Panel consisted of Ms Naeema Choudry, Panel Chair, and, as Members, Ms Amanda Ashworth and Mr Sean Starbuck. The Case Manager appointed to support the Panel was Joanne Curtis.

4) 聽聽聽聽聽聽聽 聽The CAC Panel has extended the acceptance period in this case. The initial period expired on 30 March 2026. The acceptance period was extended to 30 April 2026 and then until 14 May 2026 in order to allow time for the parties to comment on the results of a membership check and for the Panel to consider said comments before arriving at a decision. 聽

2. Issues

5)聽聽聽聽聽聽聽聽 The Panel is required by paragraph 15 of Schedule A1 to the Act (the Schedule) to decide whether the Union鈥檚 application to the CAC is valid within the terms of paragraphs 5 to 9; is made in accordance with paragraphs 11 or 12; is admissible within the terms of paragraphs 33 to 42; and therefore, should be accepted.

3. Summary of the Union鈥檚 application

6)聽聽聽聽聽聽聽聽 In its application to the CAC the Union stated that it had made a request for recognition to the Employer dated 5 January 2026. The Union said that the Employer responded on 16 January 2026 stating: 鈥淭hank you for your letter dated 5th聽January 2026. As we have previously discussed, we are happy to negotiate a new voluntary agreement with GMB and have been in discussions with our workers over the last 90 days on what they would like to see included in this.聽Its LMT鈥檚 view that it would be helpful to have the assistance of ACAS in this recognition process. Can you confirm you agree and on receipt of which I will seek dates of availability from ACAS. Can you also let me know your availability for a meeting.鈥� The Union attached a copy of the response to its application.

7)聽聽聽聽聽聽聽 When asked whether the Union had made a previous application under the Schedule for statutory recognition for workers in the proposed bargaining unit or a similar unit the Union answered, 鈥渘o.鈥� The Union stated that, following receipt of the request for recognition, the Employer had proposed that Acas should be requested to assist the parties and that the Union had agreed.

8)聽聽聽聽聽聽聽聽 The Union stated that the total number of workers employed by the Employer was 鈥�300 (approx.).鈥� The Union stated that there were 65 workers in the proposed bargaining unit and that the Employer agreed with this figure. When asked to state the number of union members in the proposed bargaining unit and to provide evidence to support this figure the Union said it had 65 members in the proposed bargaining unit and it attached the job titles of the 65 members.

9)聽聽聽聽聽聽聽聽 The Union stated that the reason for selecting the proposed bargaining unit was because the workers carried out broadly similar roles within the company and that the bargaining unit had been agreed with the Employer. In answer to the question whether there was any existing recognition agreement which it was aware of which covered any workers in the bargaining unit, the Union answered, 鈥淣O.鈥�

10.聽聽聽聽聽聽 The Union confirmed that it held a current certificate of independence. The Union stated 鈥淭O BE AGREED鈥� when asked the date the application and supporting documents had been copied to the Employer.

4. Summary of the Employer鈥檚 response to the Union鈥檚 application

11)聽聽聽聽聽聽 The Employer said that it had received the Union鈥檚 written request for recognition on 5 January 2026. The Employer said that it had responded on 16 January 2026 agreeing to discuss a voluntary agreement. The Employer attached a copy of the email to its response document. The Employer added 鈥渇or further background information, we previously had a voluntary agreement with GMB, which we terminated on 90 days鈥� notice due to several issues of concern for both the Company and our workers. When serving notice the Company indicated its intention to negotiate a new voluntary agreement, if that was what our workers wished.鈥� The Employer indicated that following receipt of the Union鈥檚 written request it had proposed that Acas be requested to assist and stated, 鈥淕areth Howard has been supporting discussions at meetings held on the 27th of January 10th February 20th February and 17th March.鈥�

12)聽聽聽聽聽聽 The Employer confirmed that it had received a copy of the Union鈥檚 application form from the Union on 16 March 2026. The Employer stated that it had, before receiving a copy of the application form from the Union, agreed the bargaining unit and that 鈥渢hat it was to be as we had previously agreed with the GMB in the recently terminated voluntary collective agreement, being all workers on a B2 contract. However, there are discrepancies in the application form as GMB state 65 workers but the definition of B2 contracts covers 98 workers. The list provided by the GMB for the pool also includes job roles that are historic and no longer exist but also include others who do not work under B2 contracts. The letter from GMB on the 5th of January (attached) stated a pool that was wide ranging, lacked coherence and is different to that in the application of 16th March.鈥�

13)聽聽聽聽聽聽 The Employer went on to say that it agreed the proposed bargaining unit and said 鈥淲e agree with the concept that the pool is as per previously agreed in our voluntary recognition agreement with GMB - defined as permanent shop floor workers on B2 contracts. But the list provided by the GMB in support of this application to the CAC does not reflect this. The GMB鈥檚 application is in this respect contradictory, as they list those they think form the pool, but also state that the pool comprises those working on B2 contracts, when their list of pool members includes some not on B2 contracts. We believe the 98 workers covered by B2 contract roles are:

• Operative 鈥� Zirconium
• Operative 鈥� Magnesium
• Team Leader 鈥� Zirconium
• Team Leader 鈥� Magnesium
• Warehouse Operative
• Maintenance Engineers / Shift Engineers鈥�

14)聽聽聽聽聽聽 The Employer stated that it had 270 workers. The Employer said that it did not agree with the number of workers in the bargaining unit as defined in the Union鈥檚 application for the reasons set out in paragraphs 12 and 13 above. The Employer said that there was no existing agreement for recognition in force covering workers in the proposed bargaining unit however 鈥渉istorically there was, but due to shortcomings in the agreement this was terminated on 90 days鈥� notice with a view to negotiate an agreement that would overcome the shortcomings of the former agreement and more fully meets workers鈥� needs.鈥�

15)聽聽聽聽聽聽 In answer to the question whether it disagreed with the Union鈥檚 estimate of membership in the proposed bargaining unit, the Employer again referred back to the reasons set out in paragraphs 12 and 13 of this decision. When asked to give its reasons if it did not consider that a majority of the workers in the bargaining unit would be likely to support recognition, the Employer said 鈥淲e have established an employee forum which involves 8 regular attendees, including both union and non-union members, and in collaboration we developed a mandate for what the collective workforce would like to see. In January, 56 workers indicated they would like a new recognition agreement with GMB, but under the terms of the new mandate, there is a requirement for a minimum of 4 internal representatives, and that union discussions to be managed via internal representation only, with external representatives being seen as a backstop, to be called in if the internal reps reached a stalemate in negotiating with the Company. In negotiations to date, the GMB have been unwilling to agree to this, and there is only 1 internal representative identified. It is our view that an agreement for the proposed bargaining unit which restricts negotiation to the full time GMB official and/or lacks recruitment of sufficient internal representatives, would not be supported by the majority of workers in the proposed bargaining unit.鈥�

16)聽聽聽聽聽聽 In answer to the question on whether it was aware of any previous application under Schedule A1 for statutory recognition made by this Trade Union in respect of this bargaining unit or a similar bargaining unit, and whether it had received any other applications in respect of workers in the proposed bargaining unit. The Employer answered 鈥淣/A.鈥� The Employer said that it consented to its contact details being forwarded to Acas.

5. Summary of the Union鈥檚 comments on the Employer鈥檚 response to the application

17)聽聽聽聽聽聽 In an email dated 2 April 2026 the Union said 鈥渇or clarification the 65 stated in the application is the number of GMB members within the bargaining unit. We did not have the company figures to arrive at the total number of employees on the B2 contract.聽Regarding the job titles we have tried through communication with members to data cleanse and ensure job titles are correct and up to date. However, depending on members responses we can only send the information that we have at the time.鈥� The Union added that to the best of its knowledge it would agree with the position set out in the Employer鈥檚 response that there are 98 workers covered by B2 contract roles. Those roles are:

• Operative 鈥� Zirconium

• Operative 鈥� Magnesium

• Team Leader 鈥� Zirconium

• Team Leader 鈥� Magnesium

• Warehouse Operative

• Maintenance Engineers / Shift Engineers

6. The membership and support check

18)聽聽聽聽聽聽 To assist in the determination of two of the admissibility criteria specified in the Schedule, namely, whether 10% of the workers in the proposed bargaining unit are members of the union (paragraph 36(1)(a)) and whether a majority of the workers in the proposed bargaining unit would be likely to favour recognition of the union as entitled to conduct collective bargaining on behalf of the bargaining unit (paragraph 36(1)(b)), the Panel proposed an independent check of the level of union membership within the proposed bargaining unit. It was agreed with the parties that the Employer would supply to the Case Manager a list of the names, dates of birth and job titles of workers within the proposed bargaining unit, and that the Union would supply to the Case Manager a list of its paid-up members within that unit (including their dates of birth). It was explicitly agreed with both parties that, to preserve confidentiality, the respective lists would not be copied to the other party. These arrangements were confirmed in a letter dated 7 April 2026 from the Case Manager to both parties.

19)聽聽聽聽聽聽 The information requested was received by the CAC from the Union on 13 April 2026 and from the Employer on 16 April 2026. The Panel is satisfied that this check was conducted properly and impartially and in accordance with the agreement reached with the parties.

20)聽聽聽聽聽聽 The list supplied by the Employer indicated that there were 96 workers in the Union鈥檚 proposed bargaining unit. The list provided contained a notes section in which one worker was noted as 鈥榬etiring at end of April鈥�, one worker as 鈥楳oving to new role out of pool from 1st June鈥�, one worker as 鈥楽econded to a role out of pool 1st April - end June鈥�, one worker as 鈥楽econdment from days to shifts until end June鈥�, one worker as 鈥楪lide to retirement pattern鈥� and one worker as Secondment as a TL until end May鈥�. The list of members supplied by the Union contained 65 names. According to the Case Manager鈥檚 report, the number of Union members in the proposed bargaining unit was 55 a membership level of 57.29%. A report of the result of the membership check was circulated to the Panel and the parties on 16 April 2026, and the parties were invited to comment on the results of that check by close of business on 22 April 2026.

7. Summary of the Employer鈥檚 comments following the membership and support check

21)聽聽聽聽聽聽 The Employer in an email dated 22 April 2026 said 鈥渨e would be interested to know if there are any major changes to the numbers if the people that we indicated were moving to new positions outside of the pool/retiring imminently were removed from the analysis. We also have concerns over the definition of the pool and ensuring that it is clear to GMB and their records are kept accurate, given that there are a significant number of employees (10) which do not appear on our list and would not be considered within the pool.鈥�

8. Summary of the Union鈥檚 comments following the membership and support check

22)聽聽聽聽聽聽 The Union in an email dated 20 April 2026 said, 鈥渨e have satisfied the requirements needed of us to show that the members of Luxfer support recognition. The company have also shared their results in previous communications and that also supports the members wanting GMB recognised. The bargaining unit has been agreed previously, and we are very comfortable and await the next steps towards formal recognition.鈥�

9. Considerations

23)聽聽聽聽聽聽 In determining whether to accept the application the Panel must decide whether the admissibility and validity provisions referred to in paragraph 5 above are satisfied. The Panel has considered carefully the submissions of both parties and all the evidence in reaching its decision.聽

24)聽聽聽聽聽聽 The Panel is satisfied that the Union made a valid request to the Employer within the terms of paragraphs 5 to 9 of the Schedule and that its application was made in accordance with paragraph 11. Furthermore, the Panel is satisfied that the application is not rendered inadmissible by any of the provisions in paragraphs 33 to 35 and paragraphs 37 to 42 of the Schedule. The remaining issues for the Panel to decide are whether the admissibility criteria contained in paragraphs 36(1)(a) and paragraph 36(1)(b) are met.

Paragraph 36(1)(a)

25)聽聽聽聽聽聽 Under paragraph 36(1)(a) of the Schedule an application is not admissible unless the Panel decides that members of the union constitute at least 10% of the workers in the proposed bargaining unit.聽 References to the bargaining unit are to the bargaining unit proposed by the Union.聽 This is the unit against which the admissibility and validity tests are applied.聽

26)聽聽聽聽聽聽 The membership check conducted by the Case Manager (described in paragraphs 18 to 20 above) showed that 57.29% of the workers in the proposed bargaining unit were members of the Union. As stated in paragraph 19 above, the Panel is satisfied that this check was conducted properly and impartially and in accordance with the agreement reached with the parties.

27)聽聽聽聽聽聽 For the reasons set out in paragraph 26 above the Panel has decided that members of the union constitute at least 10% of the workers in the proposed bargaining unit as required by paragraph 36(1)(a) of the Schedule.

Paragraph 36(1)(b)

28)聽聽聽聽聽聽 Under paragraph 36(1) of the Schedule, an application is not admissible unless the Panel decides that a majority of the workers constituting the proposed bargaining unit would be likely to favour recognition of the union as entitled to conduct collective bargaining on behalf of the bargaining unit. On the basis of the evidence before it, the Panel has decided that Union membership of 57.29% shows that, on the balance of probabilities, a majority of the workers in the proposed bargaining unit would be likely to favour recognition of the Union as entitled to conduct collective bargaining on behalf of the bargaining unit, as required by paragraph 36(1)(b) of the Schedule.

10. Decision

29)聽聽聽聽聽聽 For the reasons given in paragraphs 23-28 above, the Panel鈥檚 decision is that the application is accepted by the CAC.

Panel

Ms Naeema Choudry, Panel Chair

Ms Amanda Ashworth

Mr Sean Starbuck

6 May 2026