Functions of the Certification Officer

The Employment Rights Bill will significantly alter the powers of the Certification Officer. One of the key changes is the removal of certain enforcement and investigatory powers, including the power to impose financial penalties and a levy. Additionally, the requirement for trade unions to include specific information in their annual returns to the Certification Officer will be removed

As part of the requirements brought in by the TUA 16, trade unions must make an annual return to the Certification Officer (CO) that includes details of all industrial action taken by the union that year. It must give details of the trade dispute and the industrial action, when the action was taken, and the results of any ballots, including a full breakdown of ballot results. The Employment Rights Bill would remove these, along with requirements to give details of political expenditure.

The bill also contains provision to significantly curb the CO’s power, including the power to launch its own investigation into a trade union without having received a complaint, and to impose financial penalties. The bill will also remove the trade union levy that came into effect on 1 April 2022 (section 257A TULRCA).