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The Trades Union Certification Officer was established in the United Kingdom by the Employment Protection Act 1975. [1] They head the Certification Office for Trade Unions and Employers' Associations.
The Certification Officer is responsible for:
David Cockburn was appointed on 1 August 2001 and re-appointed in 2004, 2007, 2010 and 2012. Cockburn retired on 30 June 2016. [2] [3] He has chaired the Industrial Law Society (ILS), the Employment Lawyers Association (ELA), and the Employment Law Committee of the Law Society. He was also the founder treasurer of the Institute of Employment Rights. He is currently a vice-president of the ILS and the ELA and a member of the editorial board of the Encyclopaedia of Employment Law and the Industrial Law Journal. He is also a part-time chairman of Employment Tribunals and a Visiting Professor at the Middlesex University Business School.
Gerard Walker was appointed as the Certification Officer by the Secretary of State for Business, Innovation and Skills on 29 June 2016. The appointment was on an interim basis for the period 1 July 2016 to 30 November 2016. [4] The appointment was extended on 24 November 2016 and was extended until December 2017. Walker was responsible for a ruling that foster carers could not form a union, which was then reversed by the Court of Appeal in National Union of Professional Foster Carers v Certification Officer [2021] EWCA Civ 548 as a violation of fundamental human rights and the Act of Parliament.
Sarah Bedwell was appointed as Certification Officer in December 2017. [5]
In order to be recognised by the Officer, a union must first apply to be listed – a simple paper process, costing £150. To be recognised as an independent union, with all the attendant legal benefits that follow, a union must undergo a more rigorous inspection to confirm its independence from employers. This currently costs £4,066.
A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.
Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
The GMB is a general trade union in the United Kingdom which has more than 560,000 members. Its members work in nearly all industrial sectors, in retail, security, schools, distribution, the utilities, social care, the National Health Service (NHS), ambulance service and local government.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom. From 1 April 2023, the minimum wage is £10.42 for people aged 23 and over, £10.18 for 21- to 22-year-olds, £7.49 for 18- to 20-year-olds, and £5.28 for people under 18 and apprentices.
Amalgamated Society of Railway Servants v Osborne [1910] AC 87 is a UK labour law case, which ruled that it was unlawful for trade unions to use funds raised from their subscriptions for political purposes.
The POA: The Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers, also known as the Prison Officers' Association (POA), is a trade union in the United Kingdom. It currently has a membership over 30,000.
Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada.
The Employment Relations Act 1999 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations (Consolidation) Act 1992.
The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
The Ministry of Labour was a British government department established by the New Ministries and Secretaries Act 1916. It later morphed into the Department of Employment. Most of its functions are now performed by the Department for Work and Pensions.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave and 7 casual leaves each year to each employee, with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.
The Federal Ministry of Labour and Employment is the Nigerian Federal Ministry concerned with relations between workers and employers. It is headed by the Minister of Labour and Employment, who is appointed by the President, and is assisted by a Permanent Secretary, who is a career civil servant.
Wilson v United Kingdom [2002] ECHR 552 is a United Kingdom labour law and European labour law case concerning discrimination by employers against their workers who join and take action through trade unions. After a long series of appeals through the UK court system, the European Court of Human Rights held that ECHR article 11 protects the fundamental right of people to join a trade union, engage in union related activities and take action as a last resort to protect their interests.
The Royal College of Podiatry (RCPod) is the professional association and trade union for registered chiropodists and podiatrists in the United Kingdom.
Collective action in the United Kingdom including the right to strike in UK labour law is the main support for collective bargaining. Although the right to strike has attained the status, since 1906, of a fundamental human right, protected in domestic case law, statute, the European Convention on Human Rights and international law, the rules in statute have generated significant litigation. The "right of workers to engage in a strike or other industrial action" is expressly recognised in the Trade Union and Labour Relations (Consolidation) Act 1992 section 180, and has been recognised repeatedly by the Court of Appeal as "a fundamental human right"., and the House of Lords.
Unite the Union, commonly known as Unite, is a British and Irish trade union which was formed on 1 May 2007 by the merger of Amicus and the Transport and General Workers' Union (TGWU). Along with Unison, Unite is one of the two largest trade unions in the UK, with over 1.2 million members in construction, manufacturing, transport, logistics and other sectors. The general secretary of Unite is Sharon Graham, who was elected on 25 August 2021 with 46,696 votes on a turnout of 124,127, with her term beginning on 26 August 2021.
Sarah Havlin is the first woman to be appointed to the role of Certification Officer of Northern Ireland, the regulator of trade unions and employer associations. She lives in Bangor, County Down. She is a solicitor by profession, and was appointed by the Northern Ireland Secretary of State as a Parades Commissioner for Northern Ireland in 2013. In 2015 she was appointed as Parliamentary Boundary Commissioner for Northern Ireland in accordance with Schedule 1 of the Parliamentary Constituencies Act 1986. In 2017, she was appointed as an independent standards investigator by the U.K press regulation authority, the Independent Press Standards Authority. http://www.pressgazette.co.uk/three-years-on-ipso-is-ready-to-carry-out-first-standards-investigation-after-appointing-nine-strong-panel/
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