Apply to be removed from the list of trade unions and employers’ associations
Guidance from the Certification Officer (CO).
Eligibility
If your organisation has dissolved (no longer exists) or is no longer a trade union or employers’ association, you should ask the CO to remove it from the list.
Definition of a trade union
An organisation is a trade union if:
- most of the members are workers (in most cases this means that they have a UK contract of employment)
- one of the organisation’s main purposes is the collective regulation of relations between those workers and their employers
You are also a trade union if:
- most of your members are trade unions
- your organisation’s main purposes include the collective regulation of relations between workers and their employers or employers’ associations or the regulation of relations between the constituent organisations
Definitition of an employers’ association
An organisation is an employers’ association if:
- most of your members are employers
- your organisation’s main purpose includes the collective regulation of relations with workers or trade unions
You are also an employers’ association if:
- most of your members are affiliated organisations
- your organisation’s main purpose includes the collective regulation of relations with workers or trade unions, or the regulation of relations between the affiliated organisations
What you need to provide
During the application process, you will need to provide:
- the name of the organisation
- the reason for the application
- evidence that the organisation has dissolved or no longer meets the legal definition
If an organisation believes it no longer meets the definition of a trade union or an employers’ association, it must provide evidence that this has been agreed by the executive committee of the organisation.
Examples of evidence you can provide to support your application are:
- minutes of meetings
- notices to members
- copies of rules or articles of association
- formal correspondence between officials or senior staff
How to apply
Download and fill in the form ‘Application to be removed from the Certification Officer’s list’.
Gather evidence that the organisation has dissolved or no longer meets the legal definition of a trade union or employers’ association.
Gather evidence that the executive committee of the organisation has approved the application.
Email the application form and supporting evidence to [email protected]
After you apply
A member of staff in the CO’s team will consider your application and advise the CO on whether to remove the organisation from the list.
If the CO or her team need more information, they will contact you.
If the CO is satisfied that the organisation no longer exists or does not meet the legal definition, she will remove it from the list.
Somebody from the CO’s team will contact you to confirm the CO’s decision.
Timeframe
Someone from the CO’s office will contact you shortly after receiving your application.
Your application can take much longer if you do not provide the necessary information.
Removal due to ineligibility
The CO can remove your organisation from the list without an application, if she believes that it no longer meets the legal definition of a trade union or employers’ association.
The CO’s team will contact the organisation before the CO makes a decision. The organisation will have an opportunity to explain why it should not be removed from the list.
If you are unhappy with the CO’s final decision, you can appeal to the Employment Appeal Tribunal.