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Guidance

Complain about a trade union or employers’ association, or apply to the Certification Officer for a declaration

Complaint form and guidance on who can complain to the Certification Officer, what you can complain about and how to complain.

From:
Certification Officer
Published
28 February 2024

This guidance is for trade unions. If you want to complain about an employers’ association, contact the CO’s team:

Email: info@certoffice.org

Telephone: 0330 109 3602

Make an application or complaint to the Certification Officer

The Certification Officer (CO) can consider certain applications and complaints about trade unions.

The CO is a statutory officeholder. This means he can only act where legislation gives him power to do so. Some complaints about trade unions may not be matters the CO can determine.

This guidance explains:

  • who can apply or complain to the CO

  • what the CO can and cannot usually consider

  • the time limits for applying and complaining

  • what information you need to provide

  • how to apply

  • what happens after you apply

Read this guidance to help understand:

  • whether you are entitled to apply

  • whether your issue is about a matter the CO has power to consider

  • whether you are within the relevant time limit

  • whether you have taken reasonable steps to use the union’s own complaints procedure, where required

  • whether you can identify the specific union rule or statutory requirement you say has been breached

If you are unsure whether your issue falls within the CO’s jurisdiction, you can contact the Certification Office before applying. We cannot give legal advice, but we can explain the application process and the types of matter the CO can consider.

The CO’s team will consider every application carefully. However, if your application is outside the CO’s jurisdiction, he will not be able to decide it.

What you can apply to the CO about

A breach or threatened breach of trade union rules

The CO has powers to consider applications about a breach or threatened breach of trade union rules relating to:

  • the appointment or election of any officers to any role in the trade union

  • the removal of officers from their role in the trade union

  • disciplinary proceedings against union members (including expulsion)

  • balloting members on any issues other than industrial action

  • the constitution of an executive committee or any decision-making meeting

  • the procedure for conducting any executive committee or any decision-making meeting

The CO also has powers to consider applications or complaints about a breach of legal requirements for:

What the CO cannot usually consider

The CO does not have a general regulatory power over what a trade union does, and he can only accept an application or complaint for determination if it relates to a matter within his statutory powers.

If an application or complaint only relates to matters outside the CO’s powers, it will not be accepted for determination.

This means that the CO cannot usually determine complaints which are only about:

  • poor representation, advice or support from your union

  • whether a union should have represented you in an employment dispute

  • the union’s failure to uphold a complaint you made to the union using its internal complaints procedure

  • discrimination by your union

  • disagreement with union policy

However, an application is not automatically outside the CO’s jurisdiction just because it also refers to matters, he cannot decide. The key question is whether the application identifies a matter that is within his powers.

For example, the CO may not be able to determine a complaint that is only about poor union representation. But if the application also identifies a breach of a union rule or statutory requirement that falls within the CO’s powers, he will consider whether that part of the application can be accepted.

For the avoidance of doubt, in rule-breach applications, the alleged breach or threatened breach must be a breach of a rule that relates to one of the listed matters.

Who can apply

In most cases, you will need to be a member of the trade union you want to apply or complain about.

You cannot apply to the CO about the same matter if you have already made an application to a court.

If your application is about a breach or threatened breach of a trade union rule, you may be able to apply even if you are no longer a member of the union, but you were at the time of the alleged breached.

If your application is about a breach of statutory requirements relating to elections for certain positions in a trade union, you may be able to apply even if you are not a member of the union. However, you will need to show that you have sufficient interest in the matter. For example, you may have been a candidate in an election for general secretary without being a member of the union.

Trying to resolve the matter with the union before applying

Before applying to the CO, you should normally try to resolve the matter using the union’s own internal complaints procedure, if one is available.

For applications about a breach, or threatened breach, of trade union rules, the CO may refuse to accept the application unless he is satisfied that you have taken all reasonable steps to resolve the claim by using any internal complaints procedure of the union.

Raising concerns about financial irregularities

Raising a concern about financial irregularities is not the same as making an application or complaint that the CO must determine. The person raising the concern does not need to be a member of the union and will not become a party to proceedings.

See separate guidance on reporting financial irregularities

Anonymity

You cannot usually apply anonymously.

However, CO staff will not reveal your identify if you contact them to discuss the possibility of applying.

After you have made an application, the CO will normally reveal your identity:

  • to the trade union you have made an application about

  • to anybody else they think needs to know (for example his legal advisers)

  • in any final decision issued by the CO and published on his website

  • In rare circumstances, the CO can choose to withhold your identity if you provide evidence that disclosing your identity might put you at risk (for example of violence or physical danger).

If the CO cannot handle your application

If your issue is outside of the CO’s powers, he will not be able to determine it.

In many cases, the first step will be to try to resolve the issue directly with your union. You may wish to:

  • contact the union head office, the branch, or the official you have been dealing with

  • ask the union to explain its position

  • ask whether the union has an internal complaints procedure

If you cannot resolve the issue with the union, another organisation may be able to help:

If you are unsure whether your issue is one the CO can determine, please contact us. A member of the Certification Office team can help explain the types of matter that fall within the CO’s jurisdiction and the application process.

Time limits

The CO can only accept applications that are made within the statutory time limits. The legislation does not provide him with the discretion to extend the statutory time limits.

You should therefore pay close attention to the relevant time limit. If you are unsure which time limit applies, or how to calculate the time limit, please contact us. We can explain the process, but it is your responsibility to make sure your application is made in time.

Time limits for applications about breaches, or threatened breaches, of trade union rules

This section applies to applications made under section 108A of the Trade Union and Labour Relations (Consolidation) Act 1992. These are applications about an alleged breach, or threatened breach, of a union rule that relates to one of the listed matters.

The time limit for applying to the CO depends on whether you have used the union’s formal internal complaints procedure.

Informal discussions with the union may not extend the time limit. The extended time limits apply only where you have used the union’s formal internal complaints procedure.

If you do not complain to the union

If you have not complained to the union, you must apply to the CO within 6 months of the date on which you believe the union breached its rules.

For example, if you believe the union breached its rules on 6 January 2024, you must apply to the CO by 5 July 2024.

If you do complain to the union

You do not have to wait until the union’s internal complaints procedure has finished before applying to the CO.

However, if you want to rely on the extended time limit, you must start the union’s formal internal complaints procedure within 6 months of the date on which you believe the union breached, or threatened to breach, its rules.

For example, if you believe the union breached its rules on 6 January 2024, you must start the union’s formal complaints procedure by 5 July 2024.

Once you have started the union’s formal complaints procedure, you will have a further period to make an application to the CO.

If the union reaches a final decision on your complaint before the first anniversary of the date on which you started the formal complaints procedure, you must apply to the CO within 6 months of the date on which the union’s procedure was concluded.

For example:

  • You believe the union breached its rules on 6 January 2024

  • You began the union’s formal complaints procedure on 9 April 2024

  • The union reached a final decision on 11 December 2024

  • Your application must be submitted to the CO on or before 10 June 2025

If the union has not reached a final decision within 12 months of the date on which you started its formal complaints procedure, you must apply to the CO within 6 months starting from the end of that 12-month period.

For example:

  • You believe the union breached its rules on 1 October 2024

  • You made a formal complaint to the union on 2 January 2025

  • The union had not reached a final decision by 1 January 2026

  • Your application to the CO must be submitted on or before 30 June 2026

If you are trying to resolve your complaint with the union, either informally or formally, you should keep the time limits in mind. Informal discussions with the union may not extend the time limit for applying to the CO. The extended time limits apply only where you have used the union’s formal internal complaints procedure. You must be able to show the CO that you started that formal procedure if you want to rely on the extended time limits.

 If you submit an application before the union has reached a decision on your complaint, the CO may decide to wait for the outcome of the union’s formal complaints procedure before hearing your application.

Time limits for other applications or complaints

Applications about a breach of Chapter IV of the Trade Union and Labour Relations (Consolidation) Act 1992: Elections for certain positions

If your application concerns a breach of a statutory requirement relating to an election, the time limit is a year from the date the union announces the election results.

Applications about a breach of section 71 of the Trade Union and Labour Relations (Consolidation) Act 1992: Restriction on the use of funds for political objects

If your application concerns a breach of the restriction on use of funds for political objects, there is no statutory time limit.

Applications about political resolution ballots

If your application concerns a political resolution ballot, the time limit is a year from the date the union announces the ballot results. You must be a member or have been at the time the ballot was held.

Complaints about a breach of a union’s political fund rules

If your complaint concerns a breach of any rule of a union’s political fund, there is no statutory time limit.

Complaints about failure to comply with statutory requirements relating to amalgamation or transfer ballots

If your complaint concerns an amalgamation or transfer ballot, the complaint must be made before the end of the period of 6 weeks beginning with the date on which the application for registration of the instrument of amalgamation or transfer is sent to the CO. Only members of the transferring union can apply.

How to apply

To make an application or complaint, please use our online form.

On the form, you will need to provide:

  • Your name

  • Your contact number

  • Your email address

  • The name of the union you are applying or complaining about

  • Details of your membership, where relevant

  • The specific union rule or statutory requirement you say has been breached

  • The date on which you say the union breached, or threatened to breach, the union rule or statutory requirement

  • A summary of what happened

  • Confirmation about whether you have tried to resolve the matter with the union directly

You can use the form to submit:

  • Up to four complaints regarding breaches of union rules

  • Up to four complaints regarding breaches of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)

This does not mean that your application is limited to four complaints. If you want to make more than four complaints, you should answer “yes” when the form asks whether you have any further complaints to make. After you submit the form, we will contact you and explain how to provide the details of your additional applications.

  • Up to four digital files to support your application (maximum file size 7mb each). This should usually include the union’s rulebook and copy of any internal complaint made to the union and their response if they have responded.

If you have more than four documents, or if your files exceed the size limit, you can provide these directly to your case manager once your application has been submitted. We will explain how to do this if required.

To make an application or complaint, please click start

Start

Transition Period

We are currently transitioning to our new online application form (link above), During the transition period, which runs until the 10 July 2026 you will still be able to submit an application using the previous form.

Using the previous form

Download the CO complaints form and fill in all fields.

Complaint Form (PDF, 630 KB, 5 pages)

Email the completed form to Applications@certoffice.org

Your email should include:

the completed complaints form

the relevant rules

Do you need help with the application process?

If you have any questions about the application process, please contact the CO team:

Email: info@certoffice.org

Telephone: 0330 109 3602

Accessibility

We are committed to making our documents and forms as accessible as possible and are continually working to improve accessibility.

GOV.UK Forms uses accessible GOV.UK templates, which are designed to help meet public sector accessibility requirements and ensure that content is usable by as many people as possible.

Here is a link to our accessible document policy:

Accessible documents policy - Certification Officer - GOV.UK

If you cannot use our online form

If you need the form or information in a different format, please contact us. We can provide alternative formats where possible.

Email: info@certoffice.org 

Telephone: 0330 109 3602

We will do our best to provide the information in a way that meets your needs.

Reporting accessibility problems

If you have any difficulty using our services, or if you think this website does not meet accessibility requirements, please let us know. We welcome feedback and use it to help improve accessibility for everyone.

Use of Artificial Intelligence (AI)

AI can be a useful tool to help you prepare applications and submissions. It can assist with tasks such as drafting or editing text, organising or structuring material, summarising information, and identifying issues that may require further research.

However, AI should only be used as a support tool and should not replace your own analysis, judgment or understanding.

You remain fully responsible for everything you submit, including the accuracy, completeness and relevance of the content, whether or not AI has been used. Any AI‑assisted content should be carefully reviewed, and you should be able to explain your applications if asked.

Particular care is required when citing legal authorities or sources, as AI may produce incorrect or fabricated references. You are expected to recognise and manage the limitations and risks of AI, including errors, over‑reliance on automated output, and reasoning driven by prompts rather than independent judgment.

After you apply

Receipt of your application will usually be acknowledged within 10 working days.

The CO aims to make a decision on all applications within 6 months, but this will depend on the complexity of the case.

The CO’s team will carry out an initial review of your application. This review will consider whether:

  • Your application appears to fall within the CO’s jurisdiction

  • Your application appears to have been made within any relevant time limit

  • You have identified the specific union rule or statutory requirement you say has been breached

  • Any further information is needed from you.

The CO’s team may contact you to discuss your application.

If your application appears to be outside of the CO’s jurisdiction

If, after the initial review, your application appears to be outside the CO’s powers, the CO’s team will write to you to tell you.

This will not be a formal decision. The intention of this stage is to help you understand the limitations of the CO’s jurisdiction and give you an opportunity to decide how you want to proceed.

You will usually be given two options:

Option 1: withdraw your application

You can choose to withdraw your application. If you withdraw it, no further action will be taken, and no formal decision will be issued.

If you do not reply by the date given in the letter, your application may be treated as withdrawn.

Option 2: ask for a formal jurisdictional sift decision

You can ask for a formal jurisdictional sift decision by the Assistant Certification Officer (ACO).

If you choose this option, you will be given an opportunity to provide any evidence or arguments explaining why you say your application is within the CO’s powers. You will usually have 2 weeks to provide this information.

If you need more time, you should ask for an extension before the deadline and explain why you need more time.

The ACO will consider the information you have provided and will usually issue a written decision within 4 weeks, although this may take longer in some cases.

The ACO’s decision will usually say either that:

  • The application is not within the CO’s jurisdiction; or

  • The application may arguably be within the CO’s jurisdiction, in which case the case will return to the case management stage

The jurisdictional sift decision will be sent to you and the union and published on the CO’s website.

If your application appears to fall within the CO’s jurisdiction

If your application appears to fall within the CO’s jurisdiction, it will usually continue to the case management stage.

This means that:

  • The CO’s team may contact you to agree the precise wording of the complaint(s) you are asking the CO to determine

  • The CO’s team will send the application to the trade union for a response

  • The CO’s team may ask for your comment on the trade union’s response

  • The CO will decide how to proceed with your application

If your application is accepted

If your application is accepted, the CO will decide how it should proceed.

The CO will give you and the union an opportunity to be heard before making a final decision. This may mean:

  • Holding a hearing, at which you will be responsible for presenting your case

  • Asking you and the union to provide written submissions; and/or

  • Deciding the application on the papers, after considering the documents and written submissions provided by both parties

You and the union may agree to ask the CO to decide the application without a hearing. However, the CO may still decide that a hearing is necessary

You can find more information about hearings in our separate guidance:

Hearing procedures

Directions

The CO will usually issue directions explaining what steps must be taken before the application can be decided. Directions may include deadlines for:

  • providing evidence

  • providing witness statements

  • setting out your arguments

At the appropriate time, your case manager will send the directions to both parties and explain the next steps. You should read the directions carefully and make sure you understand what you need to do and when you need to do it.

If you do not understand a direction, or if you think you may not be able to meet a deadline, you should contact your case manager as soon as possible.

If you do not comply with directions, the CO may take this into account when deciding how to proceed. In some cases, the CO may strike out all or part of your application.

Outcomes

The CO will decide whether to uphold your application.

If the CO upholds your application, he will usually make a declaration that the union has breached its rules or a legal requirement.

Where the legislation allows it, the CO may also make an enforcement order requiring the union to take steps to remedy the breach. In some cases, the CO must make an enforcement order unless he considers it inappropriate to do so.

The CO has no power to award costs to either the applicant or the trade union.

Appeals

You can appeal a decision of the CO on a point of law to the Employment Appeal Tribunal.

Read relevant legislation

The government website legislation.gov.uk sets out the law relating to the role of the CO (the Trade Union and Labour Relations (Consolidation) Act 1992).

Visit the site to find out more about what the law says on: 

Updates to this page

Published 28 February 2024

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