Duty to inform workers of their right to join a trade union: what employers need to know

The Government has postponed the introduction of the duty to inform workers of their right to join a trade union from 30 October 2026 until January 2027.

While the delay gives employers additional time to prepare, the Government has now published its response to the public consultation, providing greater clarity on how the new obligation will work in practice.

This obligation is distinct from the expanded trade union access rights, which will still take effect on 30 October 2026.

What will the new duty require?

Under the new rules, employers will be required to issue a standardised written statement to workers informing them of their right to join a trade union.

The key requirements are as follows:

• Standardised statement: Employers must use the prescribed statement set out in regulations. It may only be amended to include specified workplace information.
• Content of the statement: The statement must briefly explain the role of trade unions, provide details of any recognised trade unions and/or statutory access agreements, where applicable, and summarise relevant statutory rights.
• Certification Officer’s list: Employers must either link to the Certification Officer’s list of trade unions in the statement or provide a copy with it.
• New workers: The statement must be provided directly alongside their written statement of particulars.
• Existing workers: The statement may be provided directly or indirectly, provided it remains reasonably accessible.
• Annual obligations: If the statement is provided directly, employers must reissue it annually by 5 April. If it is provided indirectly, it must remain continuously accessible and workers must receive an annual reminder of where to find it.
• Changes in location: Employers must notify workers directly if the statement’s location changes.
• Changes to recognised unions: If a recognised trade union or statutory access agreement changes, the statement must be reissued within one month.

How will this impact employers?

These changes will impose a new administrative duty on all employers. Although the prescribed statement should reduce drafting errors, employers will need robust processes to ensure it is issued on time, renewed annually and updated when union arrangements change.

Employers that do not already have centralised onboarding and workforce communications processes may need to review their current arrangements before the new duty takes effect.

What employers should be doing now

• Choose a delivery method: Decide whether to provide the statement directly to all workers or make it available indirectly, such as through an intranet or noticeboard, taking account of the ongoing obligations for each method.
• Review onboarding processes: Update onboarding procedures so the statement is issued to new workers alongside their written statement of particulars from January 2027.
• Set annual reminders: Establish a process to reissue the statement or send a reminder by 5 April each year.
• Identify recognised unions: Compile details of any recognised trade unions or statutory access agreements so they are ready to include in the statement.
• Monitor developments: Look out for the prescribed statement in the regulations and ensure your processes are ready for implementation in January 2027.

This new duty forms part of a broader package of trade union reforms under the Employment Rights Act that employers will need to navigate over the coming months.

For advice on preparing for these changes, reviewing your processes, workforce communications and/or trade union arrangements, please contact a member of our Employment Team to discuss how we can support your organisation.