Legislation – Employment Rights Act 2025

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Part 4Trade unions and industrial action, etc

Trade union finances

62Requirement to contribute to political fund

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2)

In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to be” substitute “opt out of being”.

(3)

For sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund) substitute—

“84Contributors to political fund

(1)

For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)).

(2)

An “opt-out notice” is a notice that the member opts out of being a contributor.

(3)

An opt-out notice has effect on and after the relevant day unless the member withdraws the notice.

(4)

In subsection (3), “the relevant day” means—

(a)

in a case where—

(i)

a political resolution is passed on a ballot held at a time when no such resolution is in force, and

(ii)

the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,

the day on which the opt-out notice is given;

(b)

in any other case, the earlier of—

(i)

a day specified in, or determined in accordance with, the rules of the union, and

(ii)

1 January in the year following the year in which the opt-out notice is given.

(5)

A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”).

(6)

A member of a trade union may give an opt-out notice or a withdrawal notice—

(a)

by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;

(b)

by sending it by email to an address that the union has told its members can be used for sending such notices;

(c)

by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union;

(d)

by such other electronic means as may be prescribed.

(7)

The Secretary of State must, before the end of the period of three months beginning with the day on which this section comes into force, publish guidance about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for the purposes of subsection (4)(b)(i).

(8)

The Secretary of State—

(a)

may from time to time revise guidance published under subsection (7);

(b)

must publish any revisions of that guidance.

84AOpt-out information notices

(1)

A trade union must give an opt-out information notice to each member of the union—

(a)

within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and

(b)

within the period of eight weeks beginning with the end of—

(i)

the period of ten years beginning with the day on which a political resolution is passed, and

(ii)

each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2)

An “opt-out information notice” is a notice stating that—

(a)

each member of the union has the right not to be a contributor to the political fund of the union, and

(b)

a member may exercise that right by giving an opt-out notice under section 84.

(3)

An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4)

In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5)

As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a)

the opt-out information notice, or

(b)

if there is more than one form of opt-out information notice, each form of notice.

(6)

A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7)

Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8)

Before deciding the matter the Certification Officer—

(a)

may make such enquiries as the Officer thinks fit;

(b)

must give the union and the member making the complaint an opportunity to make written representations;

(c)

may give the union and the member making the complaint an opportunity to make oral representations.

(9)

An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.”

(4)

In section 86 (employer not to deduct contributions where member gives certificate), in subsection (1), for “, he is not a contributor to the fund,” substitute “—

(a)

the member is not a contributor to the fund, or

(b)

the member has given the union an opt-out notice but it does not yet have effect,”.

(5)

In section 94 (overseas members of trade union)—

(a)

in subsection (1), at the end of paragraph (a) insert “, and

(b)

rules made by the union for the purpose of complying with section 84A (opt-out information notices) may provide for opt-out information notices not to be given by the union to its overseas members.”;

(b)

in subsection (2), after “rules” insert “; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members.”

(6)

In section 299 (index of defined expressions), in the entry for “contributor”, for “84(5)” substitute “84(1)”.

(7)

In consequence of the amendments made by subsections (2) to (6), in the Trade Union Act 2016—

(a)

in section 11, omit subsections (1), (2) and (5) to (8);

(b)

in Schedule 4—

(i)

in paragraph 7, omit sub-paragraph (3);

(ii)

omit paragraph 9.