A Discussion of the Certification Officer Reforms

Abstract

Abstract The Trade Union Act 2016 contains further changes to the role of the Certification Officer (CO) following the changes introduced by the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 which gave supervisory, investigative and enforcement powers over new membership record requirements designed to assist with legal challenges to industrial action. The enhanced powers of investigation and the ability to exercise powers without receiving a complaint from a trade union member are now applied across much of the CO’s jurisdiction. To these are added additional enforcement powers and the power to impose financial penalties, with the Secretary of State having power to make provision for the CO to impose a levy on trade unions. The role of the CO, now described by the Government as that of a ‘regulator’, is politicised to an unprecedented degree and is transformed into that of instigator, investigator, prosecutor, adjudicator and sentencer. Unlike even the measures introduced by Conservative governments from 1980 to 1997, the provisions fail to take account of the protection of trade union autonomy in international law. Having already optimised the opportunities for legal challenges to industrial action, these measures are designed to heap unwarranted administrative burdens and expense on trade unions.