Certification Officer hearings on union rule complaints

This is the sort of GOV.UK notice many people skim past, even though it points to a bigger story about how trade unions police their own rules. On 1 September 2026, the Certification Officer updated its list of forthcoming hearings, setting out five cases due to be heard between 9 September 2026 and 25 March 2027. (gov.uk) **What this means:** these hearings are not about pay deals or strike calls. They are formal disputes about whether a union followed its own rule book or the law, and they sit with the Certification Officer because that office is the independent statutory regulator for trade unions and employers’ associations. (gov.uk)

If you are new to this, section 108A of the Trade Union and Labour Relations (Consolidation) Act 1992 is the bit of law that lets someone complain about a breach, or threatened breach, of certain union rules. Official guidance says those complaints can cover appointments and elections, removal from office, disciplinary proceedings, ballots on issues other than industrial action, and the constitution or procedure of executive committees or decision-making meetings. (legislation.gov.uk) In most cases, the person complaining needs to be a member of the union, and they should normally try the union’s own internal complaints procedure first. GOV.UK also says the same issue cannot usually be taken both to court and to the Certification Officer. (gov.uk)

The first hearing on the current list is Parker and Unite the Union, scheduled for 9 and 10 September 2026. The official summary says the applicant made three complaints under section 108A, alleging rule breaches connected to elections at Unite’s Bramley branch and to Mr Parker’s removal from his post as full-time Convenor. (gov.uk) After that comes Dabrowski & Whitehouse and the Communication Workers Union on 20 to 22 October 2026, where the applicants say the union breached its rules in the 2026 branch elections. Ali and the British Medical Association follows on 10 and 11 November 2026, with six complaints covering disciplinary proceedings and other separate matters under the 1992 Act. (gov.uk)

The two newest listings were added in the 1 September 2026 update. Bates, Floyd, Mangan v TSSA is scheduled for 2 to 4 February 2027 and concerns separate section 108A applications about the union’s 2026 National Treasurer elections and disciplinary proceedings against Mr Bates. Hughes v Prospect is listed for 25 March 2027 and concerns an alleged breach of a union rule on the constitution and proceedings of a decision-making meeting. (gov.uk) **A useful reminder:** a hearing date does not tell you who is right. It tells you only that the complaint will be heard by the regulator, with the written decision and reasons coming afterwards. (gov.uk)

Before any hearing takes place, the Certification Officer carries out an initial review. Applicants are asked to identify the specific union rule or legal requirement they say was broken, set out what happened, and explain whether they tried to resolve the issue with the union first. The office says it will usually acknowledge an application within 10 working days and aims to decide applications within six months, although timing depends on how complex the case is. (gov.uk) If a case goes forward, both sides usually have to prepare documents, witness statements and skeleton arguments. A case management meeting is normally held a week or two before the hearing, usually on Zoom, so the parties can narrow the issues and agree which facts are not in dispute. (gov.uk)

At the hearing itself, the Certification Officer or Assistant Certification Officer chairs the case, hears from the applicant and the union, and can question witnesses. Official hearing guidance says most applicants are not legally represented, and the office says it will try not to leave them at a disadvantage by explaining legal terms and giving time to respond. Observers can attend, and the hearings page says anyone wanting to join a remote hearing should contact the Certification Office at info@certoffice.org or on 0330 109 3602. (gov.uk) Hearings are normally remote, are recorded by the Certification Office, and cannot be recorded or broadcast by anyone else without permission. If the regulator finds a breach, it can issue a declaration and may consider an enforcement order to put things right or stop the same problem happening again; there is also a right of appeal to the Employment Appeal Tribunal within 42 days of the decision. (gov.uk)

What matters here is not just paperwork. Union rule books shape who gets elected, how meetings are run and what fairness looks like in disciplinary cases, so arguments about procedure can also be arguments about democracy inside an organisation. The Certification Officer’s 2025-2026 annual report says the office dealt with 46 complaints from members, of which 40 went to a hearing; 7 were upheld and 33 were dismissed. (gov.uk) **What this means for you:** treat these listings as the beginning of a public process, not the end of the story. If you want to watch, the hearings are being held remotely, and if disability access is an issue, GOV.UK says you can contact the Certification Office to discuss reasonable adjustments before the hearing. (gov.uk)