Check off arrangements

Many employers where unions are recognised have long-standing check off payroll arrangements in place so that membership subs can be deducted from pay and sent to the union. You can agree to pay your subs in this way when you become a member. You need to provide your written agreement to payment by check off, as this is a deduction from your wages (see Chapter 4).

In some circumstances, your contract terms may give you an express or implied contractual right to pay your dues through check off (see Chapter 3). In Hickey v Secretary of State for Communities and Local Government, unreported, 3 September 2013, a High Court judge ruled that local government staff had the contractual right to have their subs deducted at source and sent to their union, the Public and Commercial Services Union. A paragraph in the staff handbook incorporated into individual employment contracts created the contractual right, by promising that members of recognised trade unions could “ask the Department to deduct all or part of the subscription from [their] pay and to transfer this to the appropriate trade union”.

Political fund ballots must be conducted every 10 years and are subject to the same general rules. There is a right of complaint to the Certification Officer or the courts if any member believes the ballot has not been conducted according to the rules. The government-appointed Certification Officer has prime responsibility for checking the finances and independence of unions and for assisting individuals with complaints against their unions.

A complaint has to be submitted to the tribunal within three months of the action complained of.