With effect from 1st April 2022, the Certification Officer – the Statutory ‘Regulator’ of Trade Unions will have a new set of powers, thanks to the ‘Trade Union (levy payable to the Certification Officer) Regulations 2022’ and the ‘Trade Union (power of the Certification Officer to Impose Financial Penalties) Regulations 2022’.

What does that mean for Trade Unions and their Members?
 
New Levy:

The CO will impose a ‘tax’ on Trade Unions, at a maximum of 2.5% of a Union’s income, assessed over a 3 year rolling period and payable for the first time in March 2023 by a single instalment.

Complaints:

The CO has long been empowered to deal with complaints brought by Trade Union members about e.g. breaches of rules relating to elections or disciplinary sanctions. However, the regulations introduce a new power for the CO to investigate complaints which are brought to its attention, not only by disgruntled members but by anyone at all, regardless of their standing or interest in the matter. 

Fines:

The CO will also get new powers to order financial penalties for infractions by Trade Unions. There will be a minimum fine of £200 and a maximum of as much as £20,000 (reduced by 50% for smaller Unions).

The new Regulations can be found in Schedule A3 of the Trade Union and Labour Relations (Consolidation) Act 1992 and inevitably will give rise to not only debate but perhaps the risk of litigation since arguably the new provisions fall foul of the European Convention on Human Rights and certainly the International Labour Organisation’s views in relation to Unions’ right to associate without improper interference.