Focus: The Certification Officer: from registrar, to watchdog, to enforcer

Abstract

election of Margaret Thatcher, this initiated an anti-trade union tirade which included using the law to as the stick with which to weaken trade union rights, and the immunities that had existed since 1906. Two organisations were created that would ostensibly promote the rights of union members and undermine the trade unions from within, these were the Certification for the Rights of Trade Union Members (CROTUM) and Commissioner for Protection Against Unlawful Industrial Action. Both organisations were created to assist and encourage members to sue their unions for supposed failures in their balloting procedures or for grievances relating to industrial action by their union. There is no doubt that these institutions were part of a political attack, designed to undermine trade unions. Both organisations were wound-up with the introduction of the Employment Relations Act of 1999, but some of their residual powers were then transferred to the office of the Certification Officer. Until now, the Certification Officer has played in almost in the background of the trade union movement with around 10 complaints each year. This small arm of the state is responsible for ensuring that trade unions file their annual returns, (almost like company accounts), the listing of trade unions, and dealing with a tiny number of complaints from union members against their unions in relation to balloting requirements. As from 1st June 2016 the role played by the Certification Officer has the potential to be changed radically from a watchdog to an inspectorate with powers of enforcement. According to the UK Government’s own assessment “It is only fair that trade union members, employers and the public can rely on robust regulation of trade unions”. One Labour Member of Parliament Jo Stevens has referred to the newly bolstered certificate Officer powers as “the state snooper”. And quite rightly so. Union members already had the opportunity to complain to the Certification officer if, for example, they requested but were not supplied with details that their union holds on them. The new powers expand this role and allow for the Certification officer to act where a union member has not been provided with their members details, or when the union has allegedly failed to keep union membership details safe. Now anyone (whether a union member or not) can bring a complaint, and the Certification officer himself can initiate an investigation irrespective of whether he has received a complaint about how membership details are kept. There are no limits on the amount of investigations nor where do unions go if they have complaints about the Certification Officer’s actions. Not only that but the much wider aspects of trade union activities from political funds, elecOne of the changes introduced by this year’s Trade Union Bill has been a dramatic upscaling of the role and powers of the Certification Officer INTERNATIONAL union rights Page 12 Volume 23 Issue 2 2016 A pril this year saw the passing into law of the much-criticised Trade Union Bill, as the Trade Union Act 2016. The Trade Union Congress, as the main trade union representative body, had waged a 9 month campaign in parliament and in the media against the Bill. It has been the (unelected) second chamber (House of Lords) where the unions have managed to extract concessions from the Conservative government’s attack on trade union rights. The unions have managed to put a stop to several proposals, including one that would have banned union members in the public sector from paying their union subscriptions through their payroll (known as ‘check-off’). The loss of this reliable and effective dues collection system would have significantly affected union funding. But the union campaign did not manage to wipe the floor clean as far as other provisions. The content of the new Act has been heavily criticised at the recent International Labour Conference. One example, of a pernicious new requirement on unions in Britain concerns balloting reform. Unions already have to ballot members before industrial action can be lawful, but the new amendments state that industrial action will henceforth only be lawful if it is backed by a majority turnout of 50 percent of the members who were balloted. This means that...