The duty to inform workers of their right to join a trade union: what we know so far
The Employment Rights Act 2025 introduces a new duty on employers to inform their workers of their right to join a trade union. The duty is expected to come into force on 30 October 2026. The detail was subject to consultation in 2025, but we are still waiting for the government to confirm the detail of what employers will need to do to comply. Unless implementation is postponed, employers will not have much time to prepare once the detail is confirmed. This piece looks at how we expect the duty to operate – watch this space!
What is the new duty?
Employers will be required to provide workers with a written statement of their right to join a trade union on joining. The consultation sought views on how the statement should be provided, stating the government’s preference that it should be provided directly to new joiners (for example by letter or email), together with their written statement of particulars of employment.
Employers will also need to either make this statement permanently available to existing workers, for example on a notice board or intranet, or to periodically reissue it to workers directly. The government consultation sought views on whether one or the other of these options should be mandated, but indicated a likelihood that it would be for employers to choose the most appropriate option based on the nature of their workplace and workforce. If an employer does opt to reissue the statement periodically (or if this is mandated in the final regulations), the expectation is that the statement would need to be reissued annually.
What will the statement look like?
The consultation considered different options, including an option of prescribing the content of the statement, but leaving it to employers to decide on the most appropriate form, or issuing a standard form. The government’s preference (and the likely direction of travel) was to issue a standard form, which employers would individualise with employer-specific particulars as indicated. In any event, the statement is likely to include:
- Information on workers’ right to join a trade union;
- A brief overview of the functions of a trade union;
- Workers’ statutory rights in relation to trade union membership, including protection against detriment for joining a trade union;
- Details of any trade unions recognised by the employer; and
- A signpost to a government-maintained list of trade unions.
What happens if you fail to comply?
The duty is enforced through the Employment Tribunals in the same way as the duty to provide written particulars of employment. Compensation is only awarded in certain circumstances where a worker has successfully brought another substantive claim and is capped at four weeks’ pay (applying the statutory cap). While the legal risk attaching to non-compliance is therefore relatively limited, there may be less tangible consequences. Non-compliance may damage relations with trade unions (where applicable) and, more broadly, may create the impression that the employer does not take employment law compliance seriously, which may be unhelpful in other Tribunal proceedings.
What should you be doing now?
Keep a watching brief. You cannot meaningfully prepare until the government confirms the detail of how the new duty will operate, but, once it does, you may need to move quickly to update your documentation and processes to ensure compliance.
If you have any questions in the meantime, please contact a member of the team.
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