Certification Officer
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.
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
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.
18 January 2022
Breach of Union rule decision: Embery v Fire Brigades Union (2) (D/16-17/21-22)
The applicant made two complaints under 108A (1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the union breached its rules relating to the disciplinary process.
Following a hearing by Video Conferencing, the Certification Officer refused both complaints.
15 December 2021
Implementation of the Trade Union Act 2016
Over the last two weeks the Government has taken some significant steps towards implementing the remaining provisions of the Trade Union Act 2016.
Last week, statutory instruments covering the powers of the Certification Officer to deal with suspected breaches of the 1992 Act, to investigate those breaches and to enforce any orders they make, were made, and these powers will come into force on 1 April 2022.
Yesterday, the Government laid in Parliament the regulations framing the power of the Certification Officer to require trade unions and employers associations to pay a levy and allowing her to impose financial penalties on them. Subject to parliamentary approval, these powers will also come into force from 1 April 2022.
My office has prepared some , which sets out how I intend to administer these powers once they have been implemented. At this stage, the guidance is in draft form and I would be grateful for your view as to whether it is sensible, easy to understand and helpful to your organisation.
I intend to publish finalised guidance on these matters at the point at which the new powers come into force and so it would be helpful if you could submit any comments or questions you have to info@certoffice.org before 11 March 2022. I should stress that the guidance will be subject to change after that date, being continually updated to reflect my experience of using these powers in practice.
Sarah BedwellCertification Officer
30 November 2021
Breach of Union rules decision: Meechan & Others v British Air Line Pilots Association (D/15/21-22)
Mr Meechan and Members of the Virgin Atlantic Company Council submitted three complaints of breaches of rules relating to the 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 has no reasonable prospect of success and/or were otherwise misconceived.
24 November 2021
Breach of Union rules decision: Morley v Unison (D/14/21-22)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Morley made a complaint of a breach of a union rule in relation to the Lancashire branch secretary election. Mr Morley made a complaint of a breach of a union rule in relation to the Lancashire branch secretary election.
The Union conceded the breach and the Certification Officer made a declaration to that effect, however she did not consider it appropriate to make an enforcement order.
23 November 2021
Breach of Union rules decision: Embery v Fire Brigades Union (D/13/21-22)
This decision related to Mr Emberys application under Section 108A(1