15 September 2020
Breach of union rules decision: Dunbobbin v UNISON (D/13/20-21)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Certification Officer dismissed the application upon withdrawal by the applicant.
21 July 2020
Breach of union rules decision: Simpson v Unite the Union (4) (D/2-12/20-21)
Mr Simpson made 12 complaints of breach of union rules in relation to his appeal hearing. 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 have no reasonable prospect of success and/or are otherwise misconceived.
09 July 2020
The Annual Report of the Certification Officer, Sarah Bedwell, was laid before Parliament on 9 July 2020. The report describes the work of the Certification Officer over the year 1 April 2019 to 31 March 2020 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 2018.
01 July 2020
Breach of union rules decision: Professor Pollock v British Medical Association (D/1/20-21)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Certification Officer dismissed the application upon withdrawal by the applicant.
12 June 2020
Certification Office’s Operational Plan for 2020-2021 published
25 March 2020
Coronavirus (COVID-19) – Impact on Trade Unions and Employers’ Associations
The Certification Officer recognises that trade unions and employers’ associations may find it difficult to comply with some of the requirements set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) because of the impact of the coronavirus pandemic
The Certification Officer is clear that the priority for trade unions must be to comply with the government’s guidance on dealing with the pandemic, and that the safety of their staff and members is paramount.
Where a trade union believes that it cannot comply with the Act, that it will miss any deadlines set for it by the Certification Officer, or that it must breach its rules relating to any of the matters set out in Section 108A of the Act, it should seek to notify the Certification Officer at the earliest opportunity.
The Certification Officer will consider any representations made to her relating to any of these issues on a case-by-case basis, and she will seek to accommodate any requests made in those representations. The health and safety of Union Members, staff and the general public will be her primary concern.
It is important to note that the Certification Officer and her staff will be working away from the office for the foreseeable future. If you need to contact us please do so by email. It would be helpful if you could copy all emails to info@certoffice.org to ensure that we can deal with your issue if your contact is not available.
It is possible that, whilst our premises are closed, we may not be able to offer our full range of service or to reply to you as quickly as usual. You should, however, continue to contact us as normal and we will get back to you as soon as you can.
24 February 2020
Breach of Union Rules decision:St John v Unite the Union (D/29/19-20)
The applicant made one complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached a provision of its EC Guidance relating to the election of workplace representatives.
Following a hearing on 7 January 2020, the Certification Officer refused the complaint.
13 January 2020
Breach of statutory balloting procedures (D/27-28/19-20)
The applicant made two complaints under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached rules relating to the appointment and/ or removal of a person from office.
Following a hearing on 17 December 2019, the Certification Officer refused both the complaints.
10 January 2020
Breach of statutory balloting procedures (D/26/19-20)
Mr Crew made a complaint under s46 of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the election for Assistant General Secretary for the Union’s Aegon Branch. The Certification Officer upheld the complaint and made an enforcement order in relation to the breach of Section 46(1)(a) of the 1992 Act.
17 December 2019
Breach of Union Rules decision:Jones v UNISON (D/25/19-20)
Mr Jones made a complaint of a breach of union rule relating to the 2019-2021 NEC Election Procedures. The Certification Officer struck out the application under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
22 November 2019
Breach of Union Rules decision:Dunham v Society of Radiographers (D/24/19-20)
Mr Dunham made a complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached a disciplinary rule in relation to the disciplinary proceedings. The Certification Officer dismissed his complaint.
4 November 2019
Breach of Union Rules decision: Hussain v CWU (2) (Part 1) (D/20-23/19-20)
Mr Hussain made 5 complaints of breach of union rules in relation to the elections at the South East No.5 branch of the Union. The Certification Officer struck out complaints 2-5 under Section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
Complaint 1 is yet to be determine by the Certification Officer.
22 October 2019
Breach of Statute decision: Parlour v NASUWT (D/19/19-20)
Mrs Parlour made one complaint under s46 of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the election of the General Secretary. The Certification Officer upheld the complaint but did not find it appropriate to make an enforcement order as the union had already started the process of electing a General Secretary.
22 October 2019
Breach of union rules decision: Watkins v British Medical Association (D/13-18/19-20)
Dr Watkins made six complaints of breaches of rules relating to the union’s disciplinary procedure. The Certification Office dismissed complaints 2-6. Complaint 1 was conceded by the union. The Certification Officer declined to make an enforcement order as Mr Watkins period of suspension ended and had no bearing for his eligibility to stand for Council elections in 2018.
5 September 2019
The Annual Report of the Certification Officer, Sarah Bedwell, was laid before Parliament today 5 September 2019. The report describes the work of the Certification Officer over the year 1 April 2018 to 31 March 2019 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 2017.
30 August 2019
Political funds decision: Oley & Others v Unite the Union (D/12/19-20)
Mr Oley and Others made a complaint under section 72A(1) of the Trade Union and Labour Relations (Consolidation Act) 1992 for an alleged breach of Section 71(1) against the union for using £1,965.34 from its General Fund for political purposes. The Certification Officer made a declaration but did not make an Order as the Union had repaid the monies in its General Fund
02 August 2019
Breach of union rules decision: Watkins v British Medical Association (D/11/19-20)
Dr Watkins made a number of complaints of breach of union rules in relation to disciplinary proceedings. The Certification Officer struck out his Complaint 7 under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had no reasonable prospect of success.
25 July 2018
The Certification Officer’s Annual Report 2018-19 will not be published in July 2019 as planned. It will now be published after the Parliamentary summer recess.
05 July 2019
Breach of union rules decision: Tavsanoglu v GMB (D/8/19-20)
Dr Tavsanoglu made a complaint of breach of union rule in relation to her alleged removal from office. The Certification Officer struck out the application under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
03 July 2019
Breach of union rules decision: Bell v Unite the Union (D/10/19-20)
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Certification Officer dismissed the application upon withdrawal by the applicant.
26 June 2019
Breach of union rules decision: Simpson v Unite the Union (D/9/2019-20)
Mr Simpson made 3 complaints of breach of union rules in relation to disciplinary proceedings. The Certification Officer struck out complaint 3 under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had reasonable prospect of success and/or is otherwise misconceived.
Complaints 1 and 2 were struck by the Certification Officer in the decision D/5-6/19-20.
19 June 2019
Breach of union rules decision: Dinsdale v Unite the Union
Mr Dinsdale made 3 complaints of breach of union rules in relation to the election of the Sellafield Site Shop Stewards and the Sellafield Branch Committee . The Certification Officer struck out complaint 3 under Section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
Complaints 1 and 2 have yet to be determine by the Certification Officer.
6 June 2019
Breach of union rules decision: Simpson v Unite the Union
Mr Simpson made 3 complaints of breach of union rules in relation to disciplinary proceedings. The Certification Officer struck out complaints 1 and 2 under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that they have no reasonable prospect of success and/or are otherwise misconceived.
Complaint 3 has yet to be determined by the Certification Officer.
6 June 2019
Breach of union rule decision: Dosanjh v POA
Mr Dosanjh made a complaint of breach of union rule in relation to the election of the Deputy General Secretary. The Certification Officer dismissed the application upon withdrawal by the applicant.
20 May 2019
Breach of union rule decision: Bromfield v GMB
Mr Bromfield made two complaints of breach of union rule in relation to disciplinary proceedings. The Certification Officer struck out the application under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
12 April 2019
Breach of union rules decision: McFadden v Unite the Union
The applicant made a number of complaints under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached its rules relating to disciplinary proceedings.
Following a preliminary hearing on Thursday 21 March 2019, the Certification Officer determined that the complaints would proceed to a full hearing to decide the applicant’s complaints
### 5 April 2019
Breach of union rule decision: Newton v Musicians’ Union
Mr Newton made a complaint of breach of union rule in relation to disciplinary proceedings. The Certification Officer struck out the application under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
3 April 2019
Breach of union rule decision: Connolly v Usdaw
The applicant made one complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached rules relating to disciplinary proceedings.
The Certification Officer made a declaration that the Union breached its rule in removing her from her position as a shop steward.
The Certification Officer declined to make an enforcement order.
11 March 2019
Breach of union rule decision: Morley v GMB
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Certification Officer dismissed the application upon withdrawal by the applicant.
8 February 2019
Breach of union rule decision: Kelly v Musicians’ Union
The applicant made six complaints under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached rules relating to disciplinary proceedings.
A hearing on the first complaint was held on 8 January 2019. Following the hearing, the Certification Officer upheld the complaint and considered it appropriate to make an enforcement order. The Certification Officer ordered that:-
- Mr Kelly be restored to membership of the Musicians’ Union
- Mr Kelly be reinstated to the Recording and Broadcast Committee
- Mr Kelly be restored as an Approved Musicians’ Union Contractor
- The Union must not remove Mr Kelly’s Approved Musicians’ Union Contractor Status, or include him within the Ask us First List, on the basis of any disciplinary or other Union process which arises from Mr Kelly’s membership of the Union and which is based on information which was considered as part of the disciplinary process which began with the General Secretary’s letter of 24 January 2018.
24 January 2019
Access to accounting records decision: Ali v RMT
This application was made under Sections 30(2)(a), 30(2)(b) and 30(2)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Certification Officer dismissed the application upon withdrawal by the applicant
13 December 2018
Breach of union rule decision: Robinson v GMB
The applicant made one complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached rules relating to removal from office.
Following a hearing on 28 November 2018, the Certification Officer refused the complaint.
12 December 2018
Breach of union rule decision: Leakey v Unison
This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Certification Officer dismissed the application upon withdrawal by the applicant
5 December 2018
Breach of union rule decision: Blackledge v University and College Union
The applicant made seven complaints under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached rules relating to disciplinary proceedings.
Following a hearing on 13 November 2018, the Certification Officer refused all these complaints.
26 November 2018
Breach of union rule decision: Lascelles v Prospect
Upon an application made by Mr Lascelles under section 108A(1) of the Trade Union and Labour Relations Act 1992 that Prospect had breached an implied rule of the union relating to the balloting of members on any issue other than industrial action.
The application is dismissed upon withdrawal by Mr Lascelles.
19 November 2018
Breach of union rules decision: Hussain v Communication Workers Union
The applicant made two complaints under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to branch elections. Prior to the hearing, the union conceded that the breaches had occurred. The Certification Officer upheld two complaints in relation to a breach of rules of the branch constitution and considered it appropriate to make an enforcement order. The Certification Officer ordered that:-
The Union undertake the remaining stages of the current ballot, which was originally concluded in December 2017 and which is the subject of the complaints made by Mr Hussain, in accordance with the Union’s Rules. The result of the ballot should be declared by 3 December 2018.
12 November 2018
Breach of union rules decision: Taylor v Unite the Union
The applicant made three complaints under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the union’s West Midlands Regional Committee elections.
The Certification Officer dismissed the application upon withdrawal by the applicant.
23 October 2018
Breach of union rules decision: Armstrong v Unite the Union
The applicant made a complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached a disciplinary rule in relation to the applicant’s suspension from a branch office.
The Certification Officer dismissed this complaint by a decision dated 15 October 2018.
23 October 2018
Breach of union rules and breach of statute decision: McAllister v Usdaw
The applicant made one complaint under Section 55(1) and two complaints under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the union’s presidential and council elections.
The Certification Officer dismissed the application upon withdrawal by the applicant.
9 October 2018
Breach of union rules decision: Coyne & Brooks v Unite the Union (2)
The applicants made 10 complaints in relation to the 2017 election of the General Secretary of Unite the Union. This decision of Assistant Certification Officer, Mr Jeffrey Burke QC, deals with complaints 2 to 10 that were determined following a five day hearing held between 25 and 29 June 2018. The Assistant Certification Officer dismissed all nine complaints.
Complaint one was determined following a hearing on 27 March 2018 before Mr Burke QC. In a decision dated 4 May 2018 he dismissed the complaint. D/2/18-19
28 September 2018
The applicant made four complaints Under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 concerning breaches of union rules in relation to disciplinary proceedings against him.
The Certification Officer upheld all the complaints but declined to make an Enforcement Order.
25 July 2018
Breach of union rules decision: Gates v Society of Chiropodists and Podiatrists
The applicant made a complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached a provision of its handbook in relation to a representative post in NHS Highland.
On 16 July 2018 the Certification Officer refused this complaint having found that the handbook does not form part of the Union’s rules.
18 July 2018
The Certification Officer’s Annual Report 2017-2018 will not be published in July 2018 as planned. It will now be published after the Parliamentary summer recess.
8 June 2018
Breach of union rules decision Dawson v University and College Union
The applicant made two complaints under 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the union had breached its rules relating to the disciplinary process. The Certification Officer dismissed the application upon withdrawal by the applicant.
9 May 2018
Breach of union rules decision Dinsdale v GMB
The applicant made two complaints under 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the union had breached its rules around branch elections. The Certification Officer refused both of these complaints.
2 May 2018
Breach of union rules decision Cullen v Unite the Union
Mr Cullen made a complaint of breach of union rules in relation to removal from a post. The Certification Officer struck out the application under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.
4 May 2018
Breach of union rules decision Coyne & Brooks v Unite the Union
The applicants made 10 complaints in relation to the 2017 election of the General Secretary of Unite the Union. Assistant Certification Officer, Mr Jeffrey Burke QC, held a hearing on 27 March 2018, to determine the preliminary point, dealt with in Complaint 1, that, under the Union’s rules, there was no power to hold the election at all, at the time it was held. The Assistant Certification Officer resolved this preliminary point in favour of the Union. The remaining complaints will be heard over 5 days commencing on 25 June 2018. The details of the venue will be confirmed shortly.
23 March 2018
Breach of union rules decision Mr M Rolfe v POA
Mr Rolfe made three complaints of breach of union rules in relation to a disqualification from holding NEC posts until 2016. Two complaints were dismissed upon withdrawal by Mr Rolfe. The Certification Officer upheld one complaint in relation to a breach of union rule 10.9 and considered it appropriate to make an enforcement order. The Certification Officer ordered that:-
The NEC remove the disqualification of Mr Rolfe from holding any National Executive post which was imposed on him under rule 10.9 following his resignation as a Prison Officer on 3 May 2017. This order will take effect from the date of this decision.
15 March 2018
Breach of union rules decision Pollock v Accord
The applicant made a complaint alleging that the Union breached a rule relating to its Executive Committees. The complaint was dismissed upon withdrawal by the applicant.
02 February 2018
Access to accounting records decision: Mr Markham v GMB
Mr Markham made a complaint alleging that GMB breached section 30(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 in failing to comply with his request to access branch accounting records. The Certification Officer upheld the complaint after the union conceded the breach. No enforcement order was made as Mr Markham had been granted access to the requested records.
19 January 2018
Breach of union rules decision Chisholm v Unite the Union
The applicant made two complaints under 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 about her alleged removal from office as branch secretary. The Certification Officer refused both of these complaints.
16 January 2018
Breach of union rules decision Boswell and Ors v United Road Transport Union (URTU)
The claimants made three complaints alleging that URTU had breached its rules relating to disciplinary proceedings. The Assistant Certification Officer upheld one complaint that the union had breached its rules and dismissed the other two complaints. The ACO has now received further submissions from parties following the findings in this decision and is now considering the appropriate remedy
19 December 2017
Breach of union rules decision Prof Barron v University College Union
Prof Barron made nine complaints of breaches of rule of the LSE branch of the UCU pursuant to s.108A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Assistant Certification Officer (ACO) made a declaration that breaches had occurred in relation to complaints 2 and 8.
Complaint 2 – the ACO made a declaration that the union had breached 9.1 of the LSE branch rules by failing to ensure the branch committee appointed a returning officer for elections.
Complaint 8 – the ACO made a declaration that the union breached rule 11 of the LSE branch rules by failing to ensure the delegates to the 2017 Congress were elected from members of the LSE branch.
The ACO did not make any enforcement orders.
Complaint 3 was dismissed as it fell outside the Certification Officer’s jurisdiction. Complaint 5 was dismissed as it was submitted out of time. Complaints 1,4,6,7 and 9 were dismissed as no breach or threatened breach had been found.
12 December 2017
Breach of union rules decision Dr Elliott & Dr Borbora v British Medical Association
Dr Elliott made four complaints and Dr Borbora made three complaints alleging breaches of union rule relating to disciplinary procedures under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Certification Officer refused both Dr Elliott’s and Dr Borbora’s applications.
14 November 2017
Breach of union rules decision Mr Alec McFadden v Unite the Union
The applicant made two complaints under section 108A(1) of the Trade Union Labour Relations (Consolidation) Act 1992 that Unite the Union had breached its rules relating to disciplinary proceedings. Following submissions from the parties on two preliminary issues the Assistant Certification Officer, appointed by the Certification Officer to hear the complaints, decided to uphold the applicant’s complaints of breach of rules.
30 October 2017
Breach of Union Rule decision: Mr Tully v National Crime Officers Association
The applicant made five complaints under section 108A(1) of the Trade Union Labour Relations (Consolidation) Act 1992 that the National Crime Officers Association had breached its rules relating to disciplinary proceedings. The Certification Officer made five declarations that the union had breached its rules. The following enforcement orders were made:
1.The National Executive Committee’s decision at its meeting on 7 to 8 September 2016 to expel Mr Tully from membership of the NCOA is null and void.
2.The Union make arrangement to restore Mr Tully to membership of the NCOA by 19 November 2017.
13 October 2017
Financial irregularity decision: National Union of Mineworkers (Northumberland Area)
The Certification Officer has decided not to exercise his discretion to appoint an inspector to investigate the financial affairs of National Union of Mineworkers (Northumberland Area). He has written to the union to inform them of his decision and his reasons. The letter to the union, which contains background information and comment, is published here.
13 September 2017
Breach of Union Rules Decision: Penkethman & Walker v Communication Workers union
Ms Penkethman and Mr Walker made one complaint alleging a breach of rule relating to canvasing during the 2017 elections in the Midland No 7 branch of the CWU under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Walker made a further separate complaint relating to the receiving of a voting paper during the same election.
The Certification Officer refused both of the claimants’ applications
9 August 2017
Breach of Union Rules Decision: McFadden v Unite the Union
The claimant alleges that Unite the Union breached its rules in relation to disciplinary proceedings against him. Following a preliminary hearing the Assistant Certification Officer identified the issues in dispute which fall to be determined at a full hearing of the complaints. The Certification Officer also identified a preliminary issue to be decided by him before any further hearing. He set directions for the full hearing.
18 July 2017
The Annual Report of the Certification Officer, Gerard Walker, was laid before Parliament today 18 July 2017. The report describes the work of the Certification Officer over the year 1 April 2016 to 31 March 2017 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 2015.
22 May 2017
Burgess and ors, Wakefield, Bannister and Rogers v UNISON: The Public Service Union
The applicants made 16 complaints that UNISON had breached its rules in relation to its 2015 General Secretary election. Many of these complaints contained multiple allegations of breaches. In addition it was alleged that the Union breached section 49(4) and 49(6) of the 1992 Act also in relation to the 2015 UNISON General Secretary election.
The Assistant Certification Officer made decisions relating to all of the above complaints. She made one declaration that the union had breached its rules. No enforcement order was made.
19 May 2017
Breach of union rules decision: Mr K Johnson v GMB
The applicant made four complaints under section 108A(1) of the Trade Union Labour Relations (Consolidation Act) 1992 that the GMB had breached rules of the Union relating to matters specified in section 108A(2).
The Certification Officer dismissed the application upon withdrawal by the applicant.
28 April 2017
Amalgamation of ATL and NUT
An application to register the Instrument of Amalgamation of the Association of Teachers and Lecturers and the
National Union of Teachers was received on 25 April 2017.
20 March 2017
Listings decision: Disabled Workers Union
Under section 3(3) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Certification Officer refused the application by Disabled Workers Union to be entered in the list of trade unions.
10 March 2017
Mr Fernandez and Ors v Unite the Union
The claimants made four complaints of that the Union breached its rules on relation to branch officer elections in union’s LE/2000 Branch and one complaint of a breach of section 30 (2) of the 1992 Act in relation to the request for access to accounting records. The Certification Officer upheld one complaint of breach of rule and dismissed the other complaints. No enforcement order was made.
23 January 2017
Mr Mathewson made seven complaints alleging the union had breached its rules and one complaint of the union’s breach of Chapter IV of the Trade Union and Labour Relations (Consolidation) Act 1992. Following correspondence, the Certification Officer struck out all eight complaints under section 256ZA(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that they had no reasonable prospect of success and/or were otherwise misconceived.
10 January 2017
The applicant made a complaint under section 108A(1) of the Trade Union Labour Relations (Consolidation Act) 1992 that the GMB had breached rules of the Union relating to matters specified in section 108A(2).
The Certification Officer dismissed the application upon withdrawal by the applicant.
16 November 2016
The applicants made three complaints relating to the 2016 Election for General Secretary of the Union. These included two alleged breaches of Chapter IV of the Trade Union and Labour Relations (Consolidation) Act 1992 and one alleged breach of one of the Union’s rules. The Certification Officer upheld all three complaints and made a single enforcement order in relation to the breach of Section 47(1) of the 1992 Act – Complaint 2.
27 October 2016
Beaumont v Unite the Union (No.5)
The claimant made seven complaints that the union had allegedly breached its rules in relation to eligibility to hold lay office on its Executive Council, and related issues. The Certification Officer dismissed all the complaints.
19 October 2016
Burgess & Ors, Rogers, Wakefield and Bannister v UNISON: The Public Service Union
The claimants alleged that Unison breached its rules and the 1992 Act in relation to the election for the position of General Secretary of UNISON in late 2015. At the preliminary hearing on 6th October 2016, the Assistant Certification Officer determined that the complaints from all four applicants should be consolidated and determined at a single hearing. In addition the issues to be determined were identified and agreed. The ACO also gave directions for the full merits hearing which is to be heard on 19,20 and 21 December 2016.
30 August 2016
Bannister v UNISON: The Public Service Union
Mr Bannister brought five complaints in which he alleged that UNISON: The Public Service Union breached its rules in relation to the UNISON 2015 General Secretary election. Three of Mr Bannister’s complaints were struck out under section 256ZA(1)(a) 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 remaining two complaints are to proceed to a full hearing in order to be determined.
26 August 2016
Brough v Union of Construction, Allied Trades and Technicians (UCATT) (No. 2)
Mr Brough made a complaint alleging that UCATT had breached section 24(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to ensure, so far as is reasonably practicable, that the entries in its register of members were accurate and kept up-to-date. The Certification Officer upheld the complaint but considered it was inappropriate to make an enforcement order.
9 August 2016
Forbes v Scottish Secondary Teachers’ Association
Mr James Forbes made two complaints against the Scottish Secondary Teachers’ Association (“the Association”) in which he alleged that the Association breached its rules in relation to its internal disciplinary procedure and breached section 47(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Forbes died on 18 April 2016. On 20 July 2016 his complaints were withdrawn on behalf of his estate. The Certification Officer dismissed Mr Forbes’ complaints upon withdrawal by his estate.
14 July 2016
The Annual Report of the Certification Officer (2015-2016) is published and laid before Parliament. It is available to be downloaded from the Certification Officer’s website.
7 July 2016
Bentham v Union of Construction, Allied Trades and Technicians (UCATT) (No. 3)
Mr Bentham brought two complaints in which he alleged that UCATT breached its rules in relation to its internal disciplinary procedure. The complaints were struck out under section 256ZA(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) on the basis that they had been brought to the Certification Officer outside the time limits set out in section 108A(6) and (7) of the 1992 Act.
31 May 2016
The claimant made a complaint alleging that Unite the 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. Upon the union providing the records the claimant withdrew the complaint. The complaint was dismissed upon withdrawal by the claimant.
17 May 2016
Fernandez Castillo and Ors. v Unite the Union
The claimants alleged that Unite the Union breached its rules in relation to the 2015 Branch LE/2000 election and breached section 30(2)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992. At the preliminary hearing the Certification Officer determined which branch constitution was valid at the time of the election and that the Branch Balloting Protocol constituted rules of the union. The Certification Officer also determined which complaints made by the claimants would proceed to a full hearing.
17 May 2016
Brough v Union of Construction, Allied Trades and Technicians (UCATT) (No 3)
Mr Brough made two complaints alleging the union had breached its rules relating to disciplinary matters. Following correspondence, the Certification Officer struck out both complaints under section 256ZA(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that they had no reasonable prospect of success and/or were otherwise misconceived.
4 May 2016
Mr Chapman made five complaints relating to disciplinary proceedings by the Union. Mr Chapman alleged that the Union breached a number of its own rules during disciplinary proceedings against him and in handling a complaint by him against another Union member. The Certification Officer refused four of the claimant’s applications but declared in the claimant’s favour on the fifth complaint. The Certification Officer did not make any enforcement order.
22 March 2016
Mr Henderson made five complaints relating to the Union’s election for the position of General Secretary and Treasurer. These included four alleged breaches of 47(1) Trade Union and Labour Relations (Consolidation) Act 1992 and one alleged breach of one of the Union’s by-laws. The Certification Officer refused all five of the claimant’s applications.
12 January 2016
The claimant made a complaint alleging that Unite the Union had breached section 30(2)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 in failing to comply within 28 days with her request to access accounting records of the union. The Certification Officer upheld the complaint and made an enforcement order.
25 November 2015
Sweeney (No. 2) v Union of Construction, Allied Trades and Technicians (UCATT)
Mr Sweeney brought two complaints in which he alleged that UCATT breached its rules in not paying his or the person accompanying him their travel expenses in order to attend an appeal hearing before the General Council of UCATT. The complaints were struck out under section 256ZA(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that they had no reasonable prospect of success and/or were otherwise misconceived.
17 November 2015
Mr Rowlandson made five complaints alleging that the union had breached its rules in relation to branch elections and one complaint in relation to disciplinary procedures. The union conceded breaches for four of the six complaints and the Certification Officer declared, by consent, that the relevant rules had been breached as alleged. He made a single enforcement order in relation to these complaints. The Certification Officer refused to make a declaration on the remaining two complaints.
22 October 2015
Mr Radford made three complaints alleging that the union had breached two of its rules in relation to disciplinary procedures. The Certification refused the claimant’s application in relation to the first complaint. The Certification Officer upheld the second and third complaints for which he also made enforcement orders. The decision was issued to the parties on 22 October 2015 and reviewed, following an application from the Union, on 12 November 2015.
15 October 2015
Ritson v National Union of Teachers (NUT)
Mr Edward Ritson made six complaints alleging that the NUT breached its rules in relation to the nomination procedure followed by its Sefton Branch for local officers and committee. Following a settlement between the parties, Mr Ritson withdrew his complaints, which were dismissed by the Certification Officer upon withdrawal.
2 October 2015
Mr Murray made a complaint alleging that the union had breached one of its rules in relation to the election of the Scottish Regional representative to its Executive Council that took place in 2015. The union conceded a breach of the rule. The Certification Officer made an enforcement order that the election be re-run.
29 July 2015
Brough v Union of Construction, Allied Trades and Technicians (UCATT)
Mr Brough made a complaint alleging that the union had breached its rules in relation to its internal disciplinary procedure. The Certification Officer dismissed the complaint.
20 July 2015
The Annual Report of the Certification Officer (2014-2015) is published and laid before Parliament. It is available to be downloaded from the Certification Officer’s website. Hard copies of the report are available upon request to the Certification Office (info@certoffice.org).
23 June 2015
Wilson v UNISON: The Public Services Union
The claimant alleged that the union breached its rules in relation to a ballot of members of the Doncaster Local Government Branch Retired Members Section. The application was struck out under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that the complaint advanced by the claimant had no reasonable prospect of success and/or was otherwise misconceived.
3 June 2015
Stevens v Union of Democratic Mineworkers
The claimant brought five complaints against the Union of Democratic Mineworkers. The complaints alleged breaches of rule relating to:
- the notices required for branch meetings;
- the voting of a branch delegate at the Union’s Council;
- the election of a National Executive Committee member;
- the attendance of a trustee at a National Executive Committee; and
- a rule change relating to sections of the union.
Two of these complaints were upheld, two were dismissed and one was struck out by the Certification Officer under section 256ZA(4) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Certification Officer did not make any enforcement orders.
19 May 2015
The claimant brought five complaints against Unite the Union. The complaints alleged breaches of rule relating to the complainant being prevented from speaking to the National Industrial Sector Committees of the Union and the handling of her complaints relating to the issue. The Certification Officer struck out all five complaints under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that the complaints had no reasonable prospect of success and/or were otherwise misconceived.
15 May 2015
The claimant made a complaint alleging that UNISON breached its rules in removing him from membership. The claimant withdrew his complaint on the Union reinstating his membership. The Certification Officer dismissed the complaint upon withdrawal by the claimant.
15 May 2015
Beaumont (No. 4) and Mansell v Unite the Union
The claimants brought five complaints against Unite the Union. One complaint related to eligibility to sit on its Executive Council and was upheld. The other four related to the Executive Council election in 2014 Two of these complaints were upheld and two were dismissed. The Certification Officer did not make any enforcement orders.
17 April 2015
Street and Street v UNISON (on remission from the EAT)
The complaint, as remitted to the Certification Officer by the Employment Appeal Tribunal, following the Certification Officer’s decision (D/28-29/12-13) and EAT judgement (UKEAT/0256/13) was dismissed by the Certification Officer.
