Hold a political fund review ballot
Requirements for a trade union renewing its political resolution: guidance from the Certification Officer (CO).
Who this guidance is for
This guidance is for officials of trade unions that have an existing political resolution in force and a separate fund for spending on political objects (a ‘political fund’).
This guidance sets out
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the legal requirements for trade unions with an existing political resolution to renew their resolution
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the process a trade union must follow to seek renewal of an existing resolution
These requirements are set out in the Trade Union and Labour Relations (Consolidation) Act 1992.
Read Chapter VI of the act on legislation.gov.uk.
A trade union that has not already established a political fund should refer to the CO’s guidance.
Establishing A Political Fund - GOV.UK (www.gov.uk)
The guidance on political funds apply to unincorporated employers’ associations as well as trade unions. For simplicity, this guide only refers to trade unions.
Employers’ associations wanting to set up a political fund should contact the Certification Office:
Email: [email protected] Telephone: 0330 109 3602
This guide should not be regarded as a complete or authoritative statement of the law.
Trade unions in Northern Ireland
British law on political funds does not apply to trade unions with headquarters in, and a membership restricted to, Northern Ireland.
A trade union that has its main office in Great Britain and has members in Northern Ireland should seek additional guidance from the Northern Ireland Certification Officer.
Further details can be found on the Northern Ireland Certification Officer’s website.
Website: Certification Officer for Northern Ireland.
Email: [email protected]
Telephone: 028 9023 7773
What the law requires
A trade union may not spend any part of its funds in the furtherance of political objects unless those objects have first been approved by a resolution passed on a ballot of its members.
‘Political objects’ means the expenditure of money by the trade union that directly or indirectly benefits a political party. The full list of political objects is set out at section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).
Read section 72 of the act on legislation.gov.uk.
After approval of the initial political resolution, the resolution must be put to the trade union’s members every 10 years via a ballot. This is known as a review ballot.
The ballot must be held in accordance with rules approved beforehand by the CO.
When a review ballot is a legal requirement
A review ballot must be held within 10 years of the date of the last ballot that was held. The date of the ballot is defined as the last date on which votes were able to be cast in that ballot.
Special provisions apply to a trade union formed by an amalgamation of two or more trade unions each of which had political resolutions in force. A trade union formed in this way must hold a review ballot within 10 years of the date of the earliest of the ballots which passed the political resolutions in force immediately before the amalgamation.
Actions the trade union needs to take in preparation
The following is a summary of actions a trade union needs to take in preparation for a review ballot.
- Prepare the draft ballot rules.
- Submit the draft ballot rules for preliminary approval by the Certification Officer.
- Adopt the ballot rules.
- Submit the ballot rules for formal approval.
- Hold the ballot.
- Notify members of the result of the ballot.
- If the resolution is passed, and if the ballot is in favour of retaining the political fund, trade union members must be notified of their right to an exemption.
The ballot rules
The CO advises you to follow the model ballot rules which are appropriate in most cases. There are also alternative model rules for situations where the roles of the scrutineer and the independent person are to be carried out by different people.
You should submit the draft ballot rules to the CO for preliminary approval well before the date when the trade union would need to adopt the ballot rules. This is to enable sufficient time to make the necessary practical arrangements for the voting.
The CO must be satisfied that the ballot rules meet the requirements of sections 75 to 78 of the 1992 act. She will need more time to consider the rules if you choose not to adopt the model rules.
Read sections 75 to 78 of the act on legislation.gov.uk
The CO’s preliminary approval
You should email the draft rules to the CO for her comments before the trade union adopts the rules.
If the model rules are followed, the CO will usually be able to give her preliminary approval within 2 weeks.
If the model rules are not followed, the CO may ask for amendments to be made before giving preliminary approval. In the latter case, you should allow at least 8 weeks to complete this process.
Adoption of the ballot rules by the trade union
The political fund ballot rules can be adopted by a majority of delegates of the trade union voting at a meeting called for the purpose. Most trade unions chose to achieve this through a majority vote on a trade union’s executive committee which was called to approve rules relating to political funds.
The CO has prepared a draft resolution which you may choose to follow at the meeting to adopt the ballot rules.
If the political objects in the ballot rules differ from the model ballot rules, the trade union must take steps to adopt the revised political objects. The CO must approve all changes to the trade unions’ political fund rules. Any change to the political objects can be adopted by the trade union at the same time and by the same method as the ballot rules along with any other rule changes required.
If the trade union anticipates any amendments to the political fund rules, it is advisable to seek preliminary approval from the CO before the trade union formally adopts them.
The CO’s formal approval
Once the ballot rules have been adopted and before the ballot is held you will need to send:
- a copy of the ballot rules, signed by 3 members of the executive committee or other governing body of the trade union
- a completed application form signed by the trade union’s general secretary
- a copy of the minutes of the meeting at which the rules were adopted
Download the application form to request the CO’s formal approval.
These should be sent by email to [email protected]
If the CO approves the ballot rules, she will send the trade union a certificate of approval attached to the rules.
The trade union must not hold the ballot until the CO has given her formal approval.
Hold a ballot
Before the ballot is held, the trade union will need to appoint a scrutineer to conduct the ballot. The trade union must notify its members of the name of the scrutineer before the scrutineer can begin to carry out their functions.
The ballot must be held in accordance with the approved rules. All members are entitled to vote, including members not contributing to the political fund. The rules may exclude overseas members from the ballot. It is for the trade union to decide whether or not to exclude overseas members, but if they are excluded the ballot rules must expressly state that they are not entitled to vote.
The CO has produced a template voting paper and a model explanatory statement. Trade unions do not have to adopt these, but they should ensure that members understand the purpose of the ballot.
The political resolution will be passed if it is approved by a simple majority of the members voting. The trade union must also comply with the provisions of the ballot rules with regard to the notification of the result of ballot and of the scrutineer’s report. The report must include the number of votes cast for and against the resolution along with other information that is specified in section 78 of the 1992 Act.
See section 78 of the act on legislation.gov.uk.
Complaints about ballots
A trade union member may complain to the CO or the courts, if they believe one of the following has occurred:
- the ballot was not held under rules approved by the CO
- there was a failure to comply with any provision of the approved rules
The complaint must be made within one year from the day the trade union announced the result of the ballot.
Further guidance about the process for making complaints to this office can be found in the CO’s guidance on making a complaint.
Notice to members about exemption from contributing
If the resolution passes, the trade union must inform members who joined before 1 March 2018 of their right to be exempt from contributing to the political fund. They must also explain how to apply for an exemption. This notice must be given in accordance with rules of the trade union.
Members who have already given notice of their objection to contribute to the political fund will continue to be exempt from contributing .