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Our governance

Certification Office - Our Governance

Overview

The Certification Officer (CO) is an independent statutory office holder responsible for regulating trade unions and employers’ associations. Stephen Hardy was appointed as Certification Officer for a 3‑year term and took up office on 1 October 2025. He is supported by a CEO and a small team based in London and works with the Department for Business and Trade (DBT) as its sponsoring department.

The Employment Rights Act 2025 (ERA 2025) returns the role of the Certification Officer to its traditional remit. During 2026 to 2027 the CO will oversee the transition, update guidance and processes, and ensure services continue to be delivered efficiently and fairly for unions, employers’ associations and their members. The CO has also recently introduced a new jurisdictional sift process in response to an increased expectation from potential applicants for formal written reasons on jurisdictional decisions.

The removal of the additional investigatory and financial enforcement powers introduced in 2022 provides an opportunity for the office to re‑affirm its core purpose. As the role returns to its traditional statutory remit under ERA 2025, the Certification Office continues to focus on supporting good governance, accountability and transparency within trade unions and employers’ associations. The office’s enduring purpose is to oversee compliance with statutory requirements, uphold democratic standards, protect members’ rights, and provide an accessible route for resolving specific disputes between members and their organisations. These supervisory and quasi‑judicial functions help maintain confidence in the internal regulation of unions and employers’ associations and support their ability to operate autonomously, fairly and in accordance with the law.

Openness and transparency remain central to our approach. We will continue to publish our decisions and key operational information and will expand the data we make available where appropriate and lawful.

Recent caselaw developments have changed how we manage complaints from members of trade unions. As a result, we expect an increase in the number of formal decisions and formal hearings during 2026 to 2027. We will continue to:

  • publish all formal decisions in a timely way and in accessible formats;
  • list forthcoming hearings on GOV.UK and keep stakeholders informed of outcomes;
  • keep our processes under review to maintain fairness, accessibility and efficiency.

Objectives for 2026 to 2027

In 2026 to 2027 we will focus on four priorities: delivering the ERA 2025 transition; modernising how the office works; strengthening transparency and user experience; and building capability and partnerships.

1. Deliver the ERA 2025 transition

  • Update our guidance, processes and publication routes to reflect the ERA 2025, including any consequential changes to complaints handling and related casework procedures.
  • Support a smooth transition in funding arrangements following the repeal of the levy, maintaining value for money and clarity for stakeholders.

Objective 1 KPI:

100% of guidance documents updated and published in line with ERA 2025 before the end of the CO’s operational year 2026/27

2. Modernise our systems and services

  • Design and begin delivery of a bespoke case management system to improve the throughput, quality and consistency of casework, and to enable better data and insight.
  • Develop an online portal through which trade unions and employers’ associations can submit annual returns and other statutory information, replacing manual and email-based processes.
  • Review and refresh user-facing guidance and tools so that they are clear, accessible and aligned with GOV.UK standards.

Objective 2 KPI:

Portal adoption rate: 50% of unions and employers’ associations submitting annual returns online during first cycle (measurable from launch)

3. Strengthen transparency, data and insight

  • Establish routine publication of management information and trends about our work where appropriate, including volumes, timeliness and outcomes, while protecting confidentiality and personal data.
  • Use data from the case management system and online portal to understand emerging themes and risks and to inform improvements to our guidance and services.
  • Embed the jurisdictional sift process to enhance transparency through clear, written reasons for jurisdictional decisions.

Objective 3 KPI:

100% of jurisdictional sift decisions completed with written reasons issued within target timeframe

4. Build capability, culture and partnerships

  • Embed the values agreed at our recent strategic awayday: independence, trust, respect, integrity, diversity, collegiality and user‑focus.
  • Continue to develop our people and practices, ensuring the office has the skills it needs to deliver its statutory functions.
  • Strengthen our engagement with the organisations we regulate and our wider stakeholders, including through our recent affiliation to the Institute of Regulation and participation in relevant regulatory networks.

Objective 4 KPI:

100% of colleagues’ commitment to values and 50% of colleagues undertaking personal development programmes within target framework.

Cost of the Office

From 1 April 2026 the levy is repealed and the office returns to its previous funding arrangements. We will continue to focus on maximising efficiency, value for money and public benefit, recognising that our work ultimately supports transparency and good governance in the organisations we regulate. We will publish our annual report and accounts in the usual way.

Get in touch

We welcome views from unions, employers’ associations, members of those organisations and the public on how we can improve our services:

If you have suggestions about our objectives or how we can improve delivery of services during 2026 to 2027, please contact us using the details above.

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