If you have existing arrangements, and believe:
- they fulfil the legal requirements (see question six); and
- your employees are happy with them
you can pre-empt any formal request by employees by announcing that you are going to hold a ballot anyway - though you must leave 21 days between that announcement and the ballot, in case anyone wants to challenge the legality of your arrangements before the CAC (Central Arbitration Committee - the body that polices these arrangements).
If the ballot fails to drum up support for change from 40% or more of your workforce (who must also comprise a majority of those voting), you do not have to change your agreement, and also benefit from a three year moratorium during which no changes can be made unless both you and your employees agree them.
If it shows that 40% or more of your workforce (who also comprise a majority of those who vote) want a change, you will have to negotiate a new agreement - but, again, once you've done that you benefit from an identical three year moratorium.
In either event, the benefits to you of having initiated negotiations are that the matter is done and dusted for three years - you don't have the threat of a possible employees' request for negotiations hanging over you - and you have the kudos of having asked for your employees' views without having been forced to do so.
Either way, it is your responsibility as employer to arrange (and pay for) any ballot of employees. If anyone is unhappy with the way you have conducted it, they may take that too to the CAC, though they must do so within 21 days of the ballot.
