The duty to inform workers of their right to join a trade union: clarity at last
The Employment Rights Act 2025 introduces a new duty on employers to inform their workers of their right to join a trade union.
The government has now (finally!) confirmed what this duty will look like in practice, and that the duty will be implemented in January 2027 – and not, as previously indicated, on 30 October 2026.
This article tells you all you need to know to get your business ready.
What is the new duty?
Employers will be required to provide workers with a written statement detailing their right to join a trade union.
For new joiners, the statement must be provided directly (for example by letter or email) at the same time as their written statement of employment particulars.
For existing workers, employers may choose between two delivery methods. They may provide the statement indirectly, for example on a noticeboard or intranet, and send an annual reminder by 5 April explaining where to find it (or issue an update if its location changes). Alternatively, they may deliver the statement directly to existing workers, in which case they must reissue it annually by 5 April.
What will the statement look like?
The government will provide a standardised form of the statement (not yet available). Employers must use this standard form, amending only the employer-specific particulars as indicated. The statement will include:
- Information on workers’ right to join a trade union;
- A brief overview of the functions of a trade union;
- A list of (and information relating to) any recognised trade unions and/or trade unions with statutory access agreements in force, with contact details for the relevant trade union(s) – to be included by the employer;
- A summary of workers’ statutory rights in relation to trade union membership; and
- A link to the Certification Officer’s list of trade unions (alternatively, a copy of the list may be provided alongside the statement).
Where there is any change to the employer’s recognition or access arrangements (or to relevant contact details), the statement will need to be updated accordingly and reissued within a month of the relevant change.
When is the change coming into force?
The government expects to implement the change in January 2027.
Employers will need to issue the statement to all new joiners from the implementation date. The statement will need to be delivered to existing workers by 5 April 2027 according to the employer’s chosen delivery method.
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?
Watch out for the standardised statement. Once this is made available, include any business-specific particulars and:
- Update documentation for new joiners to ensure that the statement is provided as required from January 2027.
- Choose your delivery method for existing staff and update your procedures to ensure compliance.
If you have any questions, please contact a member of the team.
Subcribe to news and views
