Certification Officer
7 November 2022
Breach of union rules decision: Eager v Equity (D/16/22-23)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Eager made a complaint of a breach of a union rule relating to balloting of the unions members on proposed rule changes. The Certification Officer struck out the complaint under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had no reasonable prospect of success.
2 November 2022
Solid Trade Union has been entered on the list of trade unions held by the Certification Officer with effect from 31 October 2022.
10 August 2022
Breach of union rules decision: Taylor v NASUWT (D/15/22-23)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Taylor made a complaint of a breach of union rule relating to disciplinary proceedings by the Union. The Certification Officer struck out the complaint under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had no reasonable prospect of success.
9 August 2022
The application for a certificate of independence from the Criminal Justice Workers Union was approved by the Certification Officer on 9 August 2022.
1 August 2022
Breach of statute decision: Sidhu v National Education Union (D/14/22-23)
Mr Sidhu made a complaint relating to District 7 of the NEC Executive seat elections in January 2021. The Certification Officer struck out the complaint under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had no reasonable prospect of success.
22 July 2022
Breach of union rules decision: Lowe v National Education Union (D/12-13/22-23)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Lowe made two complaints of breaches of union rules relating to disciplinary proceedings by the Union. The Certification Officer struck out the complaints under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that they had no reasonable prospect of success.
15 July 2022
The Annual Report of the Certification Officer, Sarah Bedwell, was laid before Parliament on 14 July 2022. The report describes the work of the Certification Officer over the year 1 April 2021 to 31 March 2022 and provides detailed information on all trade unions and employers associations. The statistical information it contains is drawn from the annual returns received during the reporting period, which relate mainly to the year ending 31 December 2020.
8 July 2022
Breach of union rules decision: Evans (2) v Prospect (D/4-11/22-23)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Evans made eight complaints of breaches of union rules, six relating to disciplinary proceedings by the Union and two relating to the 2021 General Secretary election. The Certification Officer struck out the complaints under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that they had no reasonable prospect of success.
Breach of union rules decision: Dawes v Royal College of Nursing of the United Kingdom (D/1-3/22-23)
This decision relates to three complaints made by Mr Dawes of breaches of rules relating to the disciplinary process.
The Certification Officer struck out two of the complaints under Section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that they had no reasonable prospect of success and/or were otherwise misconceived.
The Certification Officer dismissed the other complaint upon withdrawal by the applicant.
5 July 2022
Notice is hereby given that that an application for a certificate of independence under section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 has been received from Criminal Justice Workers Union. Any person who wishes to submit any information relevant to this application should do so within one calendar month of the date of this notice.
1 April 2022
NEW POWERS FOR THE CERTIFICATION OFFICER
In May 2016 the government passed the Trade Union Act 2016 into law, which introduced new statutory requirements relating to trade unions and new powers for the Certification Officer.Today, the government brings the last tranche of those new powers into force. These give the Certification Officer powers to:
*Require trade unions and employers associations to pay a levy to fund the costs of some of her functions.
*Consider whether an organisation has breached statutory responsibilities set out in the Trade Union and Labour Relations (Consolidation) Act 1992, without having first received a complaint from a member of that organisation or another eligible party.
*Investigate allegations that an organisation has breached statutory responsibilities, by requiring the organisation to provide her with specific documentation and/or by appointing an inspector to investigate the matter on her behalf.
*Impose a financial penalty order or conditional financial penalty order where she finds that an organisation has breached its statutory responsibilities and/or its rules.
*Enforce any order that she makes.
The Trade Union and Labour Relations (Consolidation) Act 1992, as amended by the Trade Union Act 2016, provides the definitive description of these powers.
The Certification Officer has published guidance on her website which explains how she intends to apply these powers in practice.
Sarah BedwellCertification Officer
31 March 2022
The Certification Officer has carried out a review of the Trade Unions and Employers Associations on her lists to determine whether they still met the statutory definitions. This review resulted in some organisations being removed. The updated lists can be found on herwebsite
25 March 2022
Access to accounting records decision: Embery v Fire Brigades Union (D/18/21-22)
The applicant made a complaint that Fire Brigades Union breached section 30(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 in failing to comply with his request to access accounting records of the union. Following consideration of the parties written submissions, the Certification Officer upheld the complaint and made an enforcement order to ensure the applicants access to the relevant records.