Important Updates from the Certification Officer: What You Need to Know

Recent Decisions on Union Rule Breaches

On 21 October 2026, a ruling was made concerning the Communication Workers Union, following complaints from two applicants regarding breaches of union rules related to the 2026 branch elections. The application was submitted in accordance with section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. During a Case Management Meeting conducted via video conference on 6 October 2026, the Certification Officer reached the following conclusions:

• Complaint 1 was dismissed due to lack of jurisdiction, although it was ultimately withdrawn by both applicants during the CMM.
• Mr Whitehouse’s second complaint was dismissed.
• Conversely, Mr Dabrowski’s second complaint was upheld; however, no enforcement order was deemed necessary as the union had already implemented remedial measures, including issuing best practice guidance and re-conducting the election.

Update on Certification Matters

On 16 October 2026, the Assistant Certification Officer approved an application for a certificate of independence for the Equality for Workers Union (EFWU), with the decision made on 9 October 2026.

Earlier, on 1 October 2026, two separate rulings were issued concerning breaches of union rules involving Unite the Union and the Fire Brigades Union. In the case of Mr Parker against Unite, three complaints related to the 2025 Bramley branch elections were not upheld after a hearing held via video conference on 9 September 2026. Similarly, Ms Munslow’s eleven complaints against the Fire Brigades Union regarding its disciplinary procedures were also dismissed following a hearing on 4 and 5 August 2026.

Financial Investigations and Annual Returns

On 20 August 2026, an update was provided regarding the financial investigation commissioned into UNITE the union, which had been ongoing since June 2025 due to alleged financial irregularities dating back to 2019. The independent investigator submitted a final report on 14 August 2026, revealing that UNITE had failed to maintain adequate control over its accounting records and cash holdings during the year ending 31 December 2021, constituting a breach of section 28(1)(b) of TULRCA 1992. Notably, the investigator did not attribute this breach to wilful neglect or refusal.

In response, the Certification Officer acknowledged that UNITE had made significant improvements to its financial controls since the investigation, leading to a review of the statutory requirements for annual returns, with new guidance expected shortly. Furthermore, the Certification Officer recommends that the executive committees of trade unions and employer associations undergo financial awareness and compliance training to enhance oversight of their financial information.

Updates on Union Listings

On 19 August 2026, the Certification Officer issued a listing decision regarding the Libertas Union. After considering representations from the organisation, the Assistant Certification Officer ruled on 5 August 2026 that Libertas Union would be removed from the list of trade unions.

Additionally, on 18 August 2026, an application from the Applicant under section 108A(1) regarding the University and College Union was dismissed upon the Applicant’s withdrawal.

Changes in Union Status and New Procedures

In July 2026, the Certification Office announced the publication of a revised complaints procedure aimed at enhancing clarity regarding the complaints process. This new procedure outlines how complaints can be made and managed and includes guidelines on accessibility and privacy, ultimately supporting the Certification Officer’s commitment to transparency and insight.

As of 1 July 2026, the Certification Officer also removed the Women’s Rugby Association from its list of trade unions following its dissolution. Additionally, the British Association of Dental Nurses merged into Community on 23 June 2026, leading to its removal from the official list.

Future Developments

The Certification Officer has signalled a shift towards modernisation of casework, with plans to launch an online service for submissions related to alleged breaches of trade union rules effective from 8 June 2026. This initiative aims to replace the traditional paper-based processes and improve efficiency and accessibility for users.

As the Certification Office navigates these developments, it remains committed to maintaining the highest standards of governance and oversight within the trade union sector, ensuring compliance with the evolving legislative landscape.