Apply for a Certificate of Independence
Certification Officer (CO) guidance for trade unions that want to prove that they are independent from employers.
What a Certificate of Independence is
A Certificate of Independence is a document issued to trade unions as legal proof that they are independent.
The law defines an independent trade union as a union that is not:
- under the control of an employer, group of employers or an employers’ association
- liable to interference from an employer, group of employers or an employers’ association
Who can apply for a Certificate of Independence
The CO keeps a list of trade unions in Great Britain.
Any trade union on that list can apply for a Certificate of Independence.
Special provisions apply where unions are amalgamating. You can read about these provisions in the CO’s Mergers between trade unions and between employers’ associations guidance .
Referrals from proceedings
The CO may also be asked to make a decision on whether a trade union is independent following a referral from a proceeding where the independence of the union has been questioned (for example before a court, the Employment Appeal Tribunal, the Central Arbitration Committee or an Employment Tribunal).
How to apply
You must apply using application form CO5.
Email the completed form to info@certoffice.org, along with a copy of your rules and information to support your application.
Before the CO team considers your application, you will also need to pay the fee of £997. This fee is non-refundable.
The CO encourages you to discuss your application with the CO team before you start the formal process and pay the fee.
Telephone: 0330 109 3603
Email: info@certoffice.org
Supporting information you should provide
The CO will use the supporting information you provide to decide whether she believes your organisation meets the legal definition of an independent trade union.
The law does not allow her to consider any other criteria (for example how effective a trade union is or whether a new union is needed in a certain area).
You should gather as much supporting information as possible to demonstrate your independence from employers. Examples of the kind of supporting information the CO considers are below.
History of the trade union
You should show that your union is historically independent from employer control and interference. This is particularly important if it began with employer support and encouragement but has evolved to be independent over time.
Membership
You should show that the size and breadth of your membership base does not make the union vulnerable to employer interference.
You will need to show that the union can withstand any pressure that the employer puts on it. This is particularly important if your union membership base is confined to the employees of one organisation, as this could make the union more vulnerable to the control of the employer.
Organisation and structure
You should show that your union is structured in a way that:
- enables members to play a full part in the decision-making process
- excludes any form of employer involvement or influence in the union’s internal affairs
Where membership is open to senior employees, you will need to prove that there are suitable restrictions on the part they can play in the union’s affairs.
Finance
You should show that the union is in a stable financial position, as weak finances and inadequate reserves make a union more vulnerable to employer interference.
You should provide evidence of the union’s main sources of income, how this compares to expenditure, the level of subscription rates and the state of the reserves.
Employer-provided resources
You should show that you are not dependent on the resources provided by an employer. You should be able to show that you would still be able to function if the employer removed any resources.
You should also be able to show that the reliance on employer resources does not make the union vulnerable to interference.
This may be particularly relevant where all the union members work for the same employer.
Negotiating record
You should show how the union has negotiated in the past. The CO will consider factors such as the kind of employer the union negotiates with and the traditions and attitudes of the employees it represents.
A strong negotiating record can outweigh less favourable factors.
After you have applied
The CO will publish a notice on her website to say that your union has applied for a Certificate of Independence. Objectors to your application then have a month to submit an objection to the CO.
You will receive copies of any objections the CO receives, and the union will have the right to reply.
The CO will reveal the identity of the person making the objection, unless they think that there are good reasons for not revealing their identity.
The CO will examine the evidence you send in your application and carry out any necessary enquiries.
The CO may also invite representatives of the union to a meeting (usually at the union’s offices) to discuss the application or any objections that have been received.
Possible outcomes
The CO will approve your application if she is satisfied that your union meets the legal definition of an independent trade union. She will then issue a Certificate of Independence.
The CO will refuse your application if she is not satisfied that your union meets the legal definition of an independent trade union.
The CO will:
- publish all decisions on her website
- inform any objectors of the final decision
If the union is not happy with the CO’s decision, it can appeal the decision to the Employment Appeal Tribunal.
Withdrawal of a Certificate
The CO can withdraw a Certificate at any time if she believes that a trade union is no longer independent.
She will notify the trade union of their proposal and follow a similar procedure to the one for new applications.
If the union is not happy with the CO’s final decision, it can appeal the decision to the Employment Appeal Tribunal.