FAQs
Q. Can I complain that my trade union has failed to represent my interests properly?
The Certification Officer can only deal with complaints concerning alleged breaches of statute or of certain union rules. Unless you can identify a union rule, which has been breached and which falls within one of the areas covered by the Certification Officer’s jurisdiction the Certification Officer will not be able to help you. In general it is unlikely that allegations regarding failure to provide proper representation will be a matter for the Certification Officer. Chapter 9 of the Annual Report provides more information about jurisdiction of the Certification Officer. You should note that there is no ombudsman for trade unions. You may wish to seek your own legal advice on any other legal options open to you on these matters.
The Ministry of Justice has produced a Code of Practice for the Provision of Regulated Claims Management Services by Trade Union. The code is available from https://www.claimsregulation.gov.uk/publications.aspx#Enforcement If you feel that your trade union has breached this code, you can contact the Claims Management Services.
Q. Can the Certification Officer help me make a complaint against my union?
No. When a complaint is accepted, the Certification Officer has to adjudicate upon it. It would clearly be inappropriate for the Certification Officer, or his staff, to comment on the merits of a complaint or to give advice about it. The Certification Officer has to be completely impartial.
Q. Can the Certification Officer investigate the affairs of a trade union?
The Certification Officer has no general powers to investigate the affairs of a trade union. His powers are limited to adjudicating on specific complaints that have been made by union members of alleged breaches of statute or of certain union rules. The Certification Officer does have special powers to appoint an inspector to investigate the financial affairs of a trade union but only in specified circumstances and if there is evidence to suggest financial irregularities. Further information found in the Certification Officer’s guidance booklet 'Financial irregularities' accessed via the Guidance and Forms pages of this website.
Q. How can I inspect the rule book or annual return of a trade union or an employer’s association?
The rule books of trade unions and employer’s associations form part of that organisation’s annual return to the Certification Officer and as such are available for public inspection at the Certification Office. The annual return, which contains the trade union’s or employers’ association’s annual accounts, is also available for public inspection. Annual returns for trade unions and employers’ associations since 2003 are available on this website.
Q. What types of Certificates can the Certification Officer issue?
The Certification Officer issues certificates of independence to trade unions. There is no certificate issued to a trade union or employers’ association when it is added to the list but the office will issue a letter confirming entry on the lists to the organisation concerned.
Q. How can I apply for a certificate of independence?
Our guidance on applying for a certificate of independence is available in the Guidance and Forms section of this website. We recommend that a union considering applying for a certificate of independence contacts this office to discuss the matter before submitting a formal application.
Q. What other bodies are concerned with trade unions and employers' associations?
The following organisations all have websites which may be useful to you, click on the name to go straight to their homepage:-
Department for Business Innovation and Skills (BIS)
ACAS
Trade Union Congress (TUC)
Confederation of British Industry (CBI)
Northern Ireland Certification Office
HM Courts & Tribunal Service (employment)
HM Courts & Tribunal Service (employment appeals)
The Central Arbitration Committee(CAC)
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