Labour Research May 2020

Union news

Trade union rules relaxed

The certification officer has said she will consider representations from unions who feel that, because of the COVID-19 crisis, they are unable to comply with requirements that come within her jurisdiction.

Unions have an extensive range of obligations to report to the certification officer. This includes reports relating to their finances, membership, political funds and rules, and also responses to members’ complaints about alleged breaches of union rules under the Trade Union and Labour Relations (Consolidation) Act 1992.

An announcement on the certification officer website acknowledges that unions’ priority “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 says that where a trade union believes 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 on complaints about breaches of union rules, it should seek to notify the certification officer “at the earliest opportunity”.

It adds that 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.”

https://www.gov.uk/government/news/certification-officer-latest-decisions