Union law and the pandemic

The Certification Officer (CO) has published advice regarding compliance with the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) because of the impact of the coronavirus pandemic.

The CO is responsible for statutory functions relating to trade unions and employers’ associations, including ensuring compliance with requirements for annual returns, determining complaints about trade union elections, certain breaches of trade union rules and overseeing their political funds.

The advice states 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”.

It asks unions to notify the CO at the earliest opportunity where the union believes that it:

• cannot comply with the Act;

• will miss deadlines set by the CO; or

• will breach its rules relating to matters set out in Section 108A TULR(C)A.

The CO will consider representations on a case-by-case basis.

The matters set out in S.108A are:

• the appointment or election of a person to, or the removal of a person from, any office;

• disciplinary proceedings by the union (including expulsion);

• the balloting of members on any issue other than industrial action; and

• the constitution or proceedings of any executive committee or of any decision-making meeting.

https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-trade-unions-and-employers-associations