Members’ Rule Book
Effective from Rules Conference 2024
Contents
INTERPRETATION.......................................................................2
RULE 1. TITLE AND REGISTERED OFFICE ..............................2
RULE 2. OBJECTS.......................................................................2
RULE 3. MEMBERSHIP...............................................................3
RULE 4. MEMBERSHIP CONTRIBUTIONS and BENEFITS.....4
RULE 5. OBLIGATIONS OF MEMBERS.....................................5
RULE 6. LAY OFFICE ..................................................................6
RULE 7. RULES AMENDMENT ..................................................7
RULE 8. EXECUTIVE COUNCIL...................................................7
RULE 9. GENERAL SECRETARY ................................................9
RULE 10. ELECTION OF EXECUTIVE COUNCIL MEMBERS AND
THE GENERAL SECRETARY.......................................................10
RULE 11. FUNDS.........................................................................12
RULE 12. EXPENSES..................................................................13
RULE 13 MEMBERS DISCIPLINE……………................................13
RULE 14. OFFICIAL ANNOUNCEMENTS..................................15
RULE 15. VOLUNTARY DISSOLUTION......................................15
RULE 16. HEALTH AND SAFETY ...............................................16
INTERPRETATION
The National Union of Childminders is an inclusive union and recognises that our members have diverse gender identities. All pronouns used in these Rules shall be construed and understood as being gender neutral, save that terms referrable directly to women should be interpreted as being referrable and applied to women consistent with the rule in question. Words in the singular shall include the plural, and words in the plural shall include the singular.
RULE 1. TITLE AND REGISTERED OFFICE
1.1 The Union formed under these rules (hereinafter called the Union) shall be known by the
title of “National Union of Childminders”.
1.2 This Rule Book applies to all members of the Union and represents the entirety of the rules
applicable to members of the Union, save as explicitly provided for under this Rule Book.
1.3 The Registered Office of the Union shall be 86-90 Paul Street, London, England, EC2A
4NE, or such other place as may be decided upon by the Executive Committee.
RULE 2. OBJECTS
2.1 The objects of the Union shall be:
2.1.1 To organise, recruit and represent childminders and their assistants “workers”, and
strengthen workplace organisation, to encourage membership involvement and
participation to achieve real union power for its members.
2.1.2 To defend and improve its members’ earnings and working conditions including the
pursuit of fairer rates of government funded childcare, and extend collective
bargaining. This being the best and most effective means of distributing wealth, improving
the earnings and conditions of workers, and giving workers collective power in the
workplace. To help our members win in the workplace, using the union’s resources to
assist in that process, and to support our members in struggle including against local
authorities and regulators and through strike action.
2.1.3 To defend and improve the social and economic well-being of members and their families,
both directly and via commensurate policies in relation to society both domestically and abroad.
2.1.4 To have a strong political voice, fighting on behalf of childminders’ interests and that of
their assistants, and to influence the political agenda locally, regionally, nationally and
internationally, so as to promote a fair vision for
• safe and sustainable, well-funded, quality childcare
• greater, widespread professional respect for childminders and childminding
• the inclusion and consideration of the voice of childminders in consultations and debates
about childcare, early education and education.
2.1.5 To promote equality and fairness for all, including actively opposing prejudice and
discrimination on grounds of gender, race, ethnic origin, religion, class, marital status, sexual
orientation, gender identity, age, disability or caring responsibilities.
2.1.6 To promote education and training; both vocational and industrial and otherwise as
conducive to these objects.
2.1.7 To provide such financial and other benefits and legal assistance to members as may be
specified in these rules.
2.1.8 To do all such other things as may in the opinion of the Executive Committee be
incidental or conducive to the attainment of these objects.
2.1.9 To communicate information to members about union activities, campaigns, services
and/or benefits, so as to encourage participation and further these objects.
2.1.10 The Union’s procurement policy shall be based, wherever possible, on sourcing
assets and services from organised labour within the UK or
internationally, if unavailable in the UK. The union will maintain a list of union recognised
sources of asset and service providers. Periodically, the union will consult with the relevant
industrial sectors to ensure the list remains comprehensive and accurate.
2.1.11 The union will conduct its procurement process in line with the Ethical Trading Initiative
(ETI) Base Code. The ETI Base Code is based on internationally recognised standards of the
International Labour Organisation, the UN agency responsible for labour standards, which the
UK and Ireland has signed up to.
RULE 3. MEMBERSHIP
3.1 The Executive Committee shall define the categories of membership. Any person
registered as a childminder or childminding assistant, engaged in registered childminding or
previously engaged in registered childminding in the UK, shall be eligible for membership of
the Union, subject to these rules.
3.2 There shall be other categories of membership as may from time to time be
determined by the Executive Committee. These categories may include:
• Community/Student Member
• Apprentice/Trainee Member
The Executive Committee shall determine the qualifications for membership of these
categories as well as the level of contribution and entitlement to benefit. Membership of
Community/Student Membership shall not accord an entitlement to vote in any ballot or
election held by the Union other than:
I. An election to the office of General Secretary under Rule 15 and 16.
II. Elections within Community/ Student/ Apprentice Member structures, or:
III. As otherwise specified in these Rules or any ballot or election in which all members must
by statute be accorded an unconditional entitlement to vote.
3.3 Any eligible person may apply for membership by completing the appropriate application
form agreeing to be bound by the rules of the Union and submitting it to the Union office or by
electronic means as may be provided for via the Union’s website. An applicant shall become a
member when his/her application has been approved, and he/she has been entered into the
register of members. Such approval process may require receipt by the Union of the
contribution applicable under these rules.
3.4 Each member must notify the Union’s membership department of any subsequent change
of address, and in the absence of such notice the Union shall be entitled to treat the address
shown on that member’s application form as the member’s address for all correspondence.
3.5 Each member must notify the Union’s membership department of any subsequent
change of working status.
3.6 If an applicant has previously been a member of the Union, the Executive Committee may,
as a condition of re-admission, require the applicant to pay some or all of any monies owed by
the applicant to the Union.
3.7 The Executive Committee may reject an application if in its opinion the conduct of the
applicant has at any time been such as would justify a disciplinary charge under these rules
against a member of the Union who behaved in a similar fashion.
3.8 Any period of continuous membership of a predecessor union at the point of
amalgamation or transfer shall count as continuous membership of the Union for the
purposes of these rules.
3.9 For the purposes of producing a Membership Audit Certificate as required by Sections
24ZA, 24ZB and 24ZD of the Trade Union and labour Relations (Consolidated) Act 1992, the
Union is required to appoint an assurer. The assurer must be qualified in accordance with
Section 24ZB and the appointment and removal of the assurer shall be subject to the
provisions of Section 24ZC of the Trade Union and Labour Relations (Consolidation) Act
1992.
RULE 4. MEMBERSHIP CONTRIBUTIONS and BENEFITS
4.1 It shall be the personal responsibility of the member to maintain contributions and avoid
arrears in all circumstances. Any period during which a member’s contributions are 13 or more
weeks in arrears shall break continuity of membership for the purpose of the qualification
required to be an officer employed by the Union set out in Rule 14 and lose entitlement to vote
in any election or ballot held by the Union, save where a member establishes to the satisfaction
of the Executive Committee that the arrears arose through no fault of that member. A member
whose contributions are recorded by the Union as more than 39 weeks in arrears will be
excluded from membership by the Union communicating notice to that effect to the member. A
member so excluded from membership may apply for reinstatement which may be allowed on
such terms as to the payment of outstanding arrears as the Executive Committee may consider
appropriate.
4.2 The Executive Committee shall determine the period of membership necessary prior to the
member attaining eligibility for benefits, and any period during which contributions are in arrears
which shall remove such eligibility.
4.3 The Executive Committee shall determine the level of contributions for each category of
membership.
4.4 The Executive Committee shall determine the scope and level of benefits.
4.4.1 Such benefits may include such things as: public liability insurance, legal helpline, funeral
benefits, etc. Without interference to the overriding authority granted by this rule to the Executive
Committee (to determine the scope and level of benefits). Any addition to the benefits provided
will be communicated to all members by email and on the National Union of Childminders
website.
4.4.2 Maximum sum assured. The Union shall not have the power to assure for any
member/individual provident benefits amounting to more than £4,000 by way of a gross
sum or £825 by way of an annuity.
4.5 A member who requires advice and/or representation on a problem relating to the
member’s work as a childminder or childminding assistant which first arose at a time when
the member was entitled to benefit and which cannot be resolved through the member’s local
representative should refer the matter to the Executive Committee at
childminders@nucuk.com. The Union may provide such advice and/or representation as the
Executive Committee shall consider appropriate, whether by a full-time officer or otherwise,
and on such terms as the Executive Committee shall consider appropriate.
4.5.1 The Executive Committee may organise or signpost to such additional legal advice
and representation to members and to members’ families as it may consider appropriate.
4.5.2 The Executive Committee may extend legal assistance to a member who is not
otherwise entitled to benefits.
4.5.3 A member who is given advice and/or representation under this rule shall provide all
relevant information and co-operate fully with the compilation of evidence for any legal
proceedings and shall comply with any other obligations and/or conditions set out in any
arrangements for the provision of legal assistance. If a member fails to do so or provides false
or misleading information or fails to act upon the advice of those appointed to represent him/her,
the Executive Committee may at its absolute discretion annul all legal assistance or withdraw
any further legal assistance to that member.
4.7 The Executive Committee shall have discretion to provide additional benefits.
4.8 Before reinstating a lapsed member’s membership it will be ascertained that they have not
been previously expelled from the Union. They will also be advised that they will not receive
representation or advice on any employment issue that has arisen during the period where the
lapse has occurred.
4.9 The Executive Committee may provide, agree and permit other organisations to provide to
members and their households insurance, financial, legal, consumer and other services and
products and or other similar schemes and National Union of Childminders may provide
information by direct mailing or otherwise to members concerning such services, products and
schemes.
RULE 5. OBLIGATIONS OF MEMBERS
5.1 A member of the Union must comply with these rules and with any duty or obligation
imposed on that member by or pursuant to these rules whether in his/her capacity as a
member, a holder of a lay office or as an employee of the Union.
5.2 A member must not knowingly, recklessly or in bad faith provide the Union with false or
misleading information or malicious false complaints relating to a member including those
holding lay office as accountable representatives of workers or employees of the Union or any
aspect of the Union’s activities.
5.3 A motion shall not be submitted by or on behalf of the Union or any group or body
within the Union to an organisation or body outside the Union if that motion is inconsistent
with existing Union policy.
5.4 When acting as a representative of the Union at a meeting of an organisation or body
outside the Union a member shall speak and vote in accordance with the policy of the Union and
with any decision taken by the Union’s representatives at that meeting which is consistent with
the Union’s policy.
RULE 6. LAY OFFICE
6.1 The Executive Committee shall make provision to ensure accountability of those Executive
Committee members elected.
6.2 In order to be eligible to be a candidate for election to any committee, council, or other body
of the Union provided for by these rules, the member in question must be an accountable
representative of workers, with the exception of Community members.
6.3 The definition of the term “accountable representative of workers” shall be in the exclusive
power of the Executive Committee, which is empowered to take into account changing industrial
realities and the unique nature of childminding.
6.4 It is further required that a fair procedure be developed by the Executive Committee to deal
sympathetically with cases where a member’s eligibility to stand for election or continue to hold
office may be affected by employer/ regulator victimisation.
6.5 The electoral period to hold lay office shall be three years unless otherwise provided for
under these rules.
6.6 The Executive Committee shall issue guidance to establish the right of recall over
members elected to lay office.
6.7 All National Union of Childminders full time officers assigned to the Union’s constitutional
committees are responsible for maintaining an up to date record of constitutional committee
members’ credentials in order to ensure compliance with Rule 6. This record is to be reported
to all constitutional committee meetings and included in the Minutes.
6.8 To be eligible to stand for election as an accountable representative of workers members
must be committed to the Objects of the Union as defined in Rule 2 including strengthening the
workplace organisation and resources of the Union. Members who are owners, employees of or
engaged in the recruitment of members to a union or childminding organisation that is not
National Union of Childminders are excluded from standing as an accountable representatives
of workers within National Union of Childminders. In the case of any such restriction imposed
on a member, an appeal may be made to the Executive Committee in line with the provisions of
the Rule.
6.9 Members seeking election as accountable representatives of workers must have made at
least thirteen weeks financial contributions and not be more than thirteen weeks in arrears. This
clause may not be applied in the case of newly organised workplaces.
RULE 7. RULES AMENDMENT
7.1 For the revision of the rules and constitution of the Union there shall be a Rules Committee
meeting of the Executive Committee which shall meet at minimum every sixth month.
7.2 Amendments to rule may be approved by a simple majority of those voting.
RULE 8. EXECUTIVE COMMITTEE
8.1 Election of the Executive Committee
8.1.1 The election of the Executive Committee shall be on the basis of representatives from the
Union’s members.
8.1.2 Elections to the Executive Committee shall be conducted in conformity with guidance
issued by the Executive Committee. Such guidance will ensure equality and fairness
throughout the election and balloting process. All nominees gaining the required number of
nominations will be provided with the same appropriate access to branch secretaries,
workplaces and constitutional committees information and promotion throughout the union.
8.2 Election to the Executive Committee shall be on the basis of electoral constituencies
determined by the Executive Committee.
8.2.1 The term of office for the Executive Council shall be three years.
8.2.2 No current employee of any other union, is eligible to stand for, or hold office on, the
Executive Committee.
8.3 The Executive Committee shall meet at least four times a year, with up to a maximum of
two days duration per meeting to complete the business at hand. Special meetings of the
Executive Committee may be called when the General Secretary or when a majority of the
Executive Committee considers it necessary.
8.4 Members of the Executive Committee who do not attend two consecutive meetings to
which they are summoned, may be removed from office by the Executive Council if they fail to
provide a written explanation of that absence to the General Secretary. The Executive
Committee shall determine the guidance on the application of this rule.
8.5 At the first meeting of the Executive Committee following its election there shall be
appointed by and from the members a Chair. The Executive Committee will have the power to
remove and replace its Chair at any time, and to appoint one or more Vice Chairs for such
business and period as it deems fit from time to time.
8.6 The Chair shall preside over all Executive Committee meetings, see that the business is
properly conducted, and sign the minutes of each meeting when passed. The Chair shall also
preside at any Policy Conference, Rules Conference, any Finance and General Purposes
Committee and in addition shall be a delegate to any conferences as the Executive Committee
may determine.
8.7 The Government, management and control of the Union shall be vested in the Executive
Committee collectively, which may do such things consistent with the rules and objects of the
Union as it may consider expedient to promote the interests of the Union or any of its members.
In particular and without limiting the general powers conferred on it by these rules the
Executive Committee shall have the power to:
8.8.1 Ensure that properly prepared management accounts and annual statements of account
relating to all financial affairs of the Union are presented at its regular meetings, and it may call
for the production of any book, vouchers, or documents.
8.8.2 Direct that special audits or examinations of the books or finances of any part of the
Union shall be made by special auditors appointed by the Executive Committee.
8.8.3 Appoint and remove the Union’s auditor and assurer in relation to membership records
for which purpose the members of the Executive Committee shall act as the delegates of the
members by whom they were elected.
8.8.4 Appoint all officers who are employed as such by the Union (who shall have been paying
members of this Union or, if employed by National Union of Childminders, paying members of
another trade union recognised by the union for bargaining purposes, for at least two years
immediately preceding the date of application) other than the General Secretary. The promotion
of individual officers (up to but excluding the level of General Secretary) and the
allocation/reallocation of officer roles shall be subject to the approval of the Executive
Committee in each case.
8.8.5 Consider all appeals and resolutions addressed to it, subject to where it deems
appropriate the Committee shall have the power to refer such appeals and references to
Regional or National Industrial Committees.
8.8.6 Require reports to be submitted to it of all disputes and shall take such action with
regard thereto as it shall deem fit.
8.8.7 Raise or borrow money and secure the payment of money or the carrying out of any other
obligation of the Union on any of the properties or securities of the Union in such manner as it
shall think fit.
8.8.8 Decide questions of policy which may arise between Policy Conferences, and which
have not been decided by a previous decision of such a conference. Any substantive policy
decisions made by the Executive Committee to be ratified by the next scheduled Policy
Conference.
8.8.9 Send delegates or deputations to represent the Union, and to delegate power to any
person to act on behalf of the Union for any purpose.
8.8.10 Sanction payment of benefit in respect of any strike and in respect of any lockout.
8.8.11 Expend moneys on any of the purposes authorised by these rules, or on any other
purpose which, in their opinion, is expedient in the interests of the Union or its members,
including, at its discretion, the provision of legal services to members (and where it additionally
and severally sees fit, to members’ families), and the taking and defending of legal action by
the Union.
8.8.12 Suspend, or impose any other penalty on any Branch or other administrative section of
the Union for such reasons and on such terms as they deem expedient and their decisions,
save as herein provided, shall be final and conclusive for all purposes provided that every
Branch or other administrative section shall have the right within 14 days, of the date of
notification of the decision of the Executive Committee to give notice of appeal, and until the
hearing of such appeal the decision of the Committee shall be binding.
8.8.13 Delegate to any committee constituted under these rules such of their powers as are
necessary or expedient and consistent with the powers and duties of such committee as in
these rules provided, and may modify or revoke such powers and duties from time to time.
8.8.14 Provide training for lay representatives, activists and its employees.
8.8.15 Decide its own Standing Orders and procedures in all matters not expressly provided
for in these rules.
8.8.16 Make standing orders, consistent with these rules, governing the proceedings of
anybody provided for by these rules, as it sees fit.
8.8.17 Decide any question relating to the meaning and the interpretation of these rules or
any matter not expressly provided for by these rules which decision shall be binding on all
members of the Union.
8.9 Recognising the central importance of the organisation of workers into the Union the
Executive Committee shall devote no less than five per cent of membership income to
organising each year and shall aim to move to no less than ten per cent within no less than
three years of amalgamation. Organising units shall be maintained by these funds and shall be
controlled by an organising department under the control of the General Secretary.
8.10 In addition to any express powers in these rules provided, the Executive Committee shall
have power generally to carry on the business of the Union, as it may deem necessary, and do
such things and authorise such acts, including the payment of moneys, on behalf of the Union,
as it, in the general interests of the Union, may deem expedient, and to delegate to any person
or persons the power to represent and to act on behalf of the Union. Between Executive
Committee meetings the Executive Committee’s powers under clause above and this clause are
delegated to the General Secretary save the following:
i regarding appeals and resolutions
ii regarding delegation of powers from the Executive to any committee
iii regarding Executive Committee procedures
8.11 The Executive Committee may exercise any power given to it by these rules as it sees fit
from time to time.
RULE 9. GENERAL SECRETARY
9.1 All elections for the General Secretary shall be on the basis of a ballot of the whole
membership of the Union. The fixed term of office for each General Secretary election will be
set at 5 years. If the General Secretary position becomes vacant due to retirement, resignation
or death within a fixed term of office a General Secretary election will be called.
9.2 The General Secretary shall not hold office without re-election for more than 5 years from
the last day on which the votes were cast in his/her previous election.
9.3 The General Secretary shall be responsible for the administration of the affairs of the
Union; including convening the meetings and implementing the decisions of the Executive
Committee, and such other duties as may be determined by the Executive Committee.
9.4 All employees of the Union shall be under ultimate control of the Executive Committee
whose approval shall be required before changing their terms and conditions of employment
or superannuation arrangements. Subject to that ultimate control the General Secretary shall
be responsible for managing all employees of the Union who, subject to their terms and
conditions of employment, shall perform such duties and work from such locations as the
General Secretary may direct.
9.5 The General Secretary shall be under the control of and act in accordance with the
directions of the Executive Committee.
9.6 The General Secretary may delegate to any employee of the Union such of the General
Secretary’s powers as the Executive Council may consider appropriate.
9.7 The General Secretary shall be entitled to attend all meetings of the Union and to take part
in their deliberations but shall not have a vote.
RULE 10. ELECTION OF EXECUTIVE COUNCIL MEMBERS AND THE GENERAL SECRETARY
10.1 Subject to the provisions of these rules and the powers of the independent scrutineer, the
election of members of the Executive Council and the General Secretary shall be organised
and conducted in accordance with the directions of the Executive Committee.
10.2 The Executive Committee shall appoint an independent scrutineer to supervise the
production, storage and distribution of voting papers, to receive and count the voting papers,
to report on the election, to retain the voting papers for an appropriate period and to perform
such other duties as the Executive Committee may specify.
10.3 The Executive Committee shall appoint a suitable, independent person to act as Election
Commissioner to adjudicate on any complaints made under a clause of this rule relating to the
conduct of the election. In the event that the Electoral Commissioner finds it necessary to carry
out an investigation in the conduct of his or her duties under rule all members and employees
of the Union are required to afford him or her every assistance in this regard.
10.4 The Executive Committee shall appoint an independent Returning Officer to deal with the
conduct of the election between the Executive Committee meetings and may delegate to
him/her its powers relating to the conduct of that election provided that the Returning Officer
shall not act inconsistently with any decision of the Executive Committee and shall report
directly to the Executive Committee all actions taken and decisions made in respect of that
election.
10.5 A candidate in an election shall play no part in any deliberations of or decision by the
Executive Committee which relates specifically to the conduct of an election in the
constituency in which an individual is a candidate.
10.6 The Executive Committee guidance shall state whether and how a nomination may be
made by a Branch.
10.7 For Executive Committee elections a member is required to receive at least three
nominations. On receipt of such nominations the candidate shall be invited to confirm in writing
that she/he accepts the nomination. Each member who does so and who is otherwise eligible
shall be a candidate in the election for that constituency.
10.8 Nominations of Candidates for election of General Secretary may be made by members. A
candidate must be eligible to vote in the election; have at least 5 years continuous membership
of the union; and have received nominations from at least 5% of the total number of branches
subject to the total including nominations from more than two regions. The Executive Committee
guidance will state whether and how a nomination may be made.
10.9 Prospective nominees for the Executive Committee and General Secretary elections will
be covered and bound by the election directions of the Executive Committee, from when the
prospective nominee 150-word statement is released and circulated by the union with the letter
inviting nominations.
10.10 All candidates in Executive Committee and General Secretary elections receiving the
required nominations will be provided an election webpage on National Union of Childminder’s
website for campaign material which will be visible and open to all members to view and
download campaign material. The election webpages will be governed by the directions
provided by the Executive Committee.
10.11 If the number of candidates does not exceed the number of vacancies to be filled by
that constituency, the candidate(s) shall be declared elected. If there are more candidates
than vacancies, the election shall be conducted by a secret postal ballot.
10.12 Executive Committee constituencies to be based on paying membership allocations
as reported at the September Executive Committee in the year prior to the Executive
Elections.
10.13 The election shall not be concluded until the Executive Committee has received the
independent scrutineer’s report and declared which candidate(s) has been elected. This
should take place as soon as reasonably practicable after the votes have been counted. If the
Election Commissioner advises the Executive Committee that it should not declare the
outcome of an election until he/she has adjudicated on a complaint, it shall comply with that
request.
10.14 The Executive Committee may decide that members who have joined the Union after a
prescribed date shall not be eligible to vote, provided the date shall not be more than 13
weeks before the first day on which voting is due to take place in that election.
10.15 A member who is eligible to vote in an election who does not receive a voting paper
should contact the Union but the final decision on whether to issue a further voting paper to
that member shall be a matter for the independent scrutineer.
10.16 Each candidate shall be entitled to attend as an observer the counting of the votes
from the constituency in which he/she is a candidate.
10.17 If at any stage during an election or within 28 days of the declaration of the outcome a
candidate in an election or the Executive Committee considers that there has been a breach of
these rules or of any other legal requirement relating to the conduct of the election or any other
interference with the conduct of the election and that the breach or interference may materially
affect or may have materially affected the outcome of the election, he/she or the Executive
Committee may submit a complaint to the Election Commissioner.
10.18 If the Returning Officer or a member who is not a candidate considers that there are
grounds for a complaint to the Election Commissioner, he/she should refer the matter directly
to the Executive Committee.
10.19 A complaint to the Election Commissioner should be made as soon as is reasonably
practicable. The Election Commissioner shall not consider any complaint made more than 28
days after the date on which the Executive Committee declared the outcome of the election.
10.20 A complaint to the Election Commissioner shall be made in writing addressed to the
Election Commissioner care of the Returning Officer and accompanied by all the supporting
evidence which the complainant wishes to be taken into account.
10.21 If when the Election Commissioner receives a complaint the independent scrutineer has
not yet reported on the election and the Election Commissioner considers that the complaint
raises matters which fall within the jurisdiction of the independent scrutineer, he/she shall refer
the complaint (or the part thereof which raise such matters) to the independent scrutineer
unless it is not reasonably practicable to do so. When the Election Commissioner has referred a
complaint (or part thereof) to the independent scrutineer he/she shall not adjudicate on the
complaint until the independent scrutineer has expressed a view on that complaint.
10.22 The Election Commissioner may adjudicate on a complaint on the basis of written
material submitted with the complaint or, at his/her complete discretion, call for such further
information as he/she shall think fit and/or conduct a hearing of the complaint. Subject to the
provisions of this rule, the Election Commissioner shall decide his/her own procedures for
investigating and adjudicating upon the complaint provided that he/she shall endeavour to
adjudicate on the complaint as quickly as is reasonably practicable.
10.23 If after considering a complaint the Election Commissioner considers; that there has
been a material breach of these rules or of any other legal requirement relating to the conduct
of the election or any other material interference with the conduct of the election; and that the
breach or interference may materially affect or has or may have materially affected the
outcome of the election; the Election Commissioner may recommend that the Executive
Committee should take one or more of the following measures:-
10.23.1 Declare the ballot and, if it has been declared, the outcome of the election void and call
for a fresh ballot to be held;
10.23.2 Disqualify a candidate or candidates and permit the remaining candidates to go
forward in the ballot or in any fresh ballot that may be ordered; or
10.23.3 Such other remedial measures as the Election Commissioner considers appropriate.
10.24 Subject always to any decision to the contrary by a court, the Certification Officer or
any other lawful authority, the Executive Committee shall give effect to any recommendation
by the Election Commissioner made in accordance with clause of this rule.
10.25 If an election is delayed as a result of action taken pursuant to a recommendation by the
Election Commissioner, an order of a court, the Certification Officer or other lawful authority, a
member who holds the office which is the subject of that election shall be entitled to continue
in that office until the election is concluded.
10.26 Any casual vacancies on the Executive Committee that occur within the first two years
of the electoral term shall be filled by a by-election for a replacement delegate. If that casual
vacancy occurs in the final year of the electoral term, there shall not be a by election but that
an observer may be elected to represent the section’s interests from the relevant
constituency.
RULE 11. FUNDS
11.1 The General Secretary and employees of the Union authorised by him/her shall subject to
the endorsement of the Executive Committee, have authority to open and operate such bank
accounts on behalf of the Union as he/she may consider appropriate.
11.2 Subject to clause 3 of this rule, the funds of the Union may be used in accordance with the
provisions of these rules for the payment of provident benefits as defined in Section 467(2)
Income and Corporation Taxes Act 1988, as that section may be amended, consolidated or re
enacted from time to time. Such provident benefits shall include the provision of legal advice
and assistance.
11.3 No member shall be entitled to sums in excess of the limits set out in section 467(1) of the
Income and Corporation Taxes Act 1988 as that section may be amended, consolidated or re
enacted from time to time.
11.4 The Executive Committee shall publish an annual financial report providing details of the
Union’s income and expenditure in the previous year, this shall include an audited account of
all Officers and Organisers remuneration including the pay, benefits and expenses – up to
and including the National Union of Childminders General Secretary, as well as details of
spending, campaign costs and any other significant union expenditure.
11.5 The Executive Council shall cause to be kept proper accounting records with respect to the
Union’s transactions, assets and liabilities and establish and maintain a satisfactory system of
control of its accounting records, its cash holdings and all receipts and payments in accordance
with Sections 28 and 29 of the Trade Union and Labour Relations (Consolidation) Act 1992.
11.6 The Accounts of the Union shall be audited at least once a year. The auditor shall be
qualified in accordance with Section 34 of the Trade Union and Labour Relations Act
Consolidation) 1992. The appointment and removal of the auditor shall be subject to the
provisions Section 35 of the Trade Union and Labour Relations (Consolidation) Act 1992.
11.7 No member or members, or Branch, or any committee of members shall be permitted to
use the name of the Union, or any machinery of the Union, in connection with any appeal for
funds or establishment of any subsidiary benefit connected with a Branch or member, unless
the conditions stated hereunder are accepted and the requisite official sanction obtained:-
11.8.1 That the accounts of such funds and all documents in connection therewith shall be
open at all times to inspection by the Union accountants.
11.8.2 That in the case of a regional or local appeal the permission and sanction of the
Executive Committee shall be obtained.
11.8.3 That in the case of a national appeal the permission and sanction of the Executive
Committee shall be first obtained.
11.8.4 Where such funds are properly raised, they are included in the consolidated accounts of
the Union and be subject to the requirements in clauses 1 and 2 of this rule.
11.9 In accordance with Section 30 of the Trade Union and Labour Relations (Consolidation)
Act, 1992, any member of the Union has the right to access to any accounting records of the
Union which are available for inspection, and which relate to periods including a time when that
person was a member of the Union.
11.10 There shall be a national access fund for the provision of British Sign Language/English
Interpreters, communication support, or other forms of support as required by Deaf of disabled
members so that they may access branch meetings, national meetings or other Union events.
RULE 12. EXPENSES
12. A lay member engaged on Union business shall be entitled to such reasonable expenses
and in such circumstances as may be decided by the Executive Committee provided that the
method of calculating such expenses and any subsequent alteration thereto must be reported
to and shall cease to have effect unless ratified by the next Policy Meeting of the Union. All
expenses should be paid at the same rate and in the same manner across all disciplines.
RULE 13. MEMBERSHIP DISCIPLINE
13.1 A member may be charged with:
13.1.1 Acting in a way contrary to the rules or any duty or obligation imposed on a member by or
pursuant to these rules whether in his/her capacity as a member, a holder of lay office or a lay
representative of the union or otherwise bringing the union into disrepute.
13.1.2 Being a party to any fraud on the Union or any misappropriation or misuse of its funds or
property.
13.1.3 Knowingly, recklessly or in bad faith providing the Union with false or misleading
information relating to a member or any other aspect of the Union’s activities.
13.1.4 Inciting, espousing or practising discrimination, harassment or intolerance amongst
members on grounds of age, disability, gender reassignment, marriage and civil partnership,
pregnancy and maternity, race, religion or belief, sex, or sexual orientation.
13.1.5 Bringing about injury to or discredit upon the Union or any member of the Union
including the undermining of the Union, branch or workplace organisation and individual
workplace representatives or Union officers.
13.1.6 Obtaining membership of the Union by false statement material to their admission
into the Union or any evasion in that regard.
13.1.7 Breach of Union policy on harassment, dignity and respect, which will include cyber
bullying and harassment.
13.2 Disciplinary Hearings shall be organised and conducted under directions issued by the
Executive Committee. These directions ensure that the process is fair and conducted in
accordance with the principles of natural justice.
13.3 A charge under this rule may be heard by the Executive Committee. The Executive
Council may delegate to a sub-committee of the Executive Committee. Disciplinary
charges deemed to be of a serious nature may be initiated by the Executive Committee.
13.3.1 Serious allegations of breach of clauses may be referred directly to the General
Secretary. The General Secretary will appoint a senior representative of the Union to conduct
an investigation which may lead to disciplinary charges being laid on behalf of the Executive
Committee.
13.3.2 Allegations of serious breaches of clauses which are considered to be vexatious,
malicious or defamatory may be considered a breach of Rule and liable to be referred to this
disciplinary procedure.
13.4 The Executive Committee may suspend a member charged under this rule from holding
any office or representing the Union in any capacity pending its decision. A member shall be
given written notice (or, if the member was informed verbally confirmation in writing) of any such
suspension as soon as is reasonably practicable. In cases of a serious nature, as a
precautionary measure, a member under investigation prior to disciplinary charges being laid
may be suspended from holding office or representing the union in any capacity.
13.4.1 A member under disciplinary investigation or charged with a disciplinary offence,
including workplace representatives or branch officers suspended from holding office, may not
attend:
• Meetings of his/her own branch;
• Meetings of other branches of the Union; or,
• Constitutional committee meetings of the Union
Other than as part of the disciplinary process as set out in this Rule.
13.4.2 If allegations against a member are proven to be unfounded they will be restored in good
standing. If appropriate, their credentials will be restored.
13.5 The range of disciplinary sanctions shall include the following:
13.5.1 censure;
13.5.2 withdrawal of workplace credentials;
13.5.3 removal from office;
13.5.4 barring from holding office and
13.5.5 expulsion.
13.6 The full range of disciplinary sanctions shall be available to the Executive Committee.
13.7 Appeals
13.7.1 A member shall have the right to appeal against any disciplinary sanctions.
13.7.2 In the case of a sanction imposed by a Branch, or Branch Committee, the appeal
shall be to the Regional Committee, whose decision shall be final.
13.7.3 In the case of a sanction imposed by a Regional Committee the appeal to shall be to the
Executive Council, whose decision shall be final.
13.7.4 In the case of disciplinary action initiated by the Executive Committee the appeal shall be
to an Appeals Committee elected from the Policy Conference, whose decision shall be final.
Such an Appeals Committee shall be constituted under a procedure to be agreed by the
Executive Council. There shall be an eligibility criterion to serve on the Appeals Committee of at
least 5 years continuous membership of the Union.
13.8 An employee may not be charged under this rule in respect of any alleged act or
omission in connection with the performance of his/her duties as a full-time officer and/or
employee of the Union. Complaints against employees shall be investigated under the
Members’ Complaints Procedure agreed by the Executive Committee and if disciplinary action
is deemed appropriate this shall be executed under the procedures negotiated with
employees’ representative bodies for that purpose.
RULE 14. OFFICIAL ANNOUNCEMENTS
14. The Union shall maintain a website and posting information on this website, together with
either by post or e-mail to branch secretaries and all members and committees, shall be the
official means of making announcements to members on matters of general interest concerning
the affairs of the Union.
RULE 15. VOLUNTARY DISSOLUTION
15.1 The Union may be dissolved by a resolution supported by not less than 80% of votes
cast in a postal ballot of all the members.
15.2 After discharging all debts and liabilities the remaining assets of the Union, if any, shall be
distributed equally between the members at the date of dissolution on the basis of their
complete years of membership, each year comprising one share, unless the members when
voting for dissolution shall have resolved to the contrary.
RULE 16. HEALTH AND SAFETY
16.1 The Union shall have an annual Health and Safety Meeting.
Amended and Published March 2025