Guidance

Removal from the list of Trade Unions and Employers’ Associations

Guidance on how to remove an organisation from the list of trade unions (TUs) and employers’ associations (EAs)

1. Overview

The Certification Officer maintains a list of trade unions (TU) and employers’ associations (EA). She can remove organisations from the list if they have dissolved or if they no longer meet the definition of a TU/EA under the 1992 Act.

2. How to apply to be removed

If your organisation has dissolved or no longer meets the definition of a TU/EA you should apply to have it removed from the list. You should do this by writing to the Certification Officer setting out the reasons for the removal and including a copy of your rulebook.

If the Certification Officer is satisfied that the organisation no longer exists or does not meet the definition of a TU/EA she will remove the name of the organisation from the list. Her office may seek further information from you so that she can reach a decision on your request.

3. Removal due to ineligibility

The Certification officer may remove an organisation from the relevant list without an application from that organisation. If at any time it appears to her that an organisation whose name is entered on the relevant list may no longer meet the definition of a trade TU /EA under the 1992 Act, she will write to you asking for information on an informal basis.

If, having considered the information you have provided, she believes that the organisation no longer meets the definition of a TU or EA, she will write to you and you will be given an opportunity to make representations as to why the name should not be removed. There is a right of appeal to the Employment Appeal Tribunal on a point of law against removal of a name from a list.

4. Contact details

email: info@certoffice.org

Published 10 February 2020