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Who this guidance is for

The CO keeps a list of trade unions and employers associations in Great Britain. To be added to the list, your organisation must apply to the CO.

This guidance is for organisations that want to apply. You should read all of this guidance before you apply. If you want to be added to the list as an employers association or federated trade union you should first contact the COs team to discuss your application.

Telephone: 0330 109 3602Email: info@certoffice.org

The organisation will not automatically be added to the list on application. The CO will approve or reject an application.

Trade unions are not legally obliged to be on the list. However, unions that are on the list:

• get protection for their name other unions on the list must not have a similar name
• have official proof that they are a trade union for example if they need to provide evidence of their status to an employer or a court
• can [link apply for a Certificate of Independence], which allows them to apply for legal recognition with an employer and gain legal rights such as the right to time off to do their union duties
• can claim tax relief on income and gains used for certain purposes

Eligibility criteria

You will need to prove to the CO that your organisation meets the legal definition of a trade union.

To do that, you must show that:

• most of the members are workers (in most cases this means that they have a UK contract of employment)*one of the organisations main purposes is the collective regulation of relations between those workers and their employers

Information you need to provide

The application should include:

• payment of the 519 application fee
• the organisations name
• the address of the organisations main office
• the date the organisation was formed
• the number of members it currently has
• the membership application form
• the organisations rules
• the names and addresses of the current general secretary, president, treasurer, members of the executive committee and trustees (these roles may be known by other names in the organisation)
• evidence that the organisation meets the legal definition of a trade union
• evidence that most of the members are workers
• evidence that the organisation currently regulates relations or is attempting to regulate relations on a collective basis for its members.

The rules of the organisation

The CO would normally expect to see the following in your rules:

• aims and objectives, which include the regulation of relations between members and their employers
• the industries in which the organisation seeks to regulate relations with employers (where you intend to organise)
• membership criteria (who can join the organisation)
• subscription rates
• the make-up of the executive committee, with job titles and information on how often the committee will meet
• who the officials of the union are
• details of the annual membership conference/meeting
• appointment of auditors and removal of auditors
• appointment of trustees
• grievance and disciplinary procedures for members

The organisations rules should also include the election procedures for the general secretary, president and executive committee members. These should adhere to procedures set out at section 46 of the Trade Union and Labour Relations (Consolidation) Act 1992.

See section 46 of the Act on www.legislation.gov.uk.

How to apply

Only start your application when you have all necessary information and supporting evidence. If the CO refuses your application and you re-apply, you will have to pay the application fee of 519 again.

1. Download an application form

Fill in all fields on the form.

CO1 form (MS Word Document, 34.4 KB)

2. Gather evidence

Provide as much evidence as possible that the organisation is a trade union.

For example, you can provide:

• the number of members who are workers, and the names of their employers
• the names of employers that recognise the trade union, with supporting correspondence
• the names of employers the union is currently in discussions with, and supporting correspondence
• the unions plans for organising and regulation of relations, with the names of the employers you intend to approach or have already approached*the organisations experience of representing individual members and non-members and the nature of the representation
• information on whether the organisation charges for individual representational work

3. Pay the application fee

The fee is 519.

The CO encourages you to discuss your application with the CO team before making the formal application, because once the application fee is paid it is not refundable. You can contact the CO team by emailing info@certoffice.org

Instructions on how to pay the fee are included on the application form CO1.

4. Send your application

Email your application to info@certoffice.org

Your email should include:

• the completed form CO1
• a copy of the rules of the organisation
• your supporting evidence
• the remittance slip for your fee payment

After you apply

A member of staff in the COs team will consider your application. They will advise the CO on whether to proceed with your application.

If the CO or her team needs more information, they will contact you.

If the CO refuses your application, she will issue a decision setting out the reasons for the refusal. You can appeal the decision through the Employment Appeal Tribunal.

If the CO is satisfied that your organisation is a trade union, she will add the union to the official list. You will receive a listing certificate and information on the unions legal obligations.

Timeframe

Someone from the COs office will contact you shortly after receiving your application. The process can take several weeks. Your application can take much longer if you do not provide the necessary information or sufficient evidence that you are a trade union. In this case, CO staff will not make a recommendation to the CO until they have all the information they need. This can take several months.

Trade union legal obligations

All organisations that meet the legal definition of a trade union have legal obligations, whether or not they are on the COs official list.

These legal obligations include, but are not limited to:

• keeping proper accounting records and giving their members access to them
• providing a copy of the union rules to anybody who asks for them (either free or for a reasonable charge)
• following legal obligations for holding elections for the roles of president, general secretary and executive positions
• submitting an annual return to the CO, including the accounts, the accounts auditor report, salaries of senior staff, a membership audit and a copy of the unions rules

Related guides

Submit a trade union annual return

Submit a employers association annual return

Apply to be taken off the list of trade unions