The duty to inform workers of their right to join a trade union: all you need to know
The Employment Rights Act 2025 introduces a new duty on employers to inform their workers of their right to join a trade union, with detail to be confirmed in secondary legislation.
The government has now confirmed what this duty will look like for employers in practice, and that the duty will be implemented in January 2027 (not, as previously indicated, on 30 October 2026).
This piece tells you all you need to know to get your business ready.
What is the new duty?
Employers will be required to provide new joiners with a written statement detailing their right to join a trade union. The statement must be provided directly to new joiners (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 make the statement accessible, for example on a noticeboard or intranet, and send workers a direct written reminder by 5 April each year explaining where to find it. Alternatively, they may deliver the statement directly to existing workers by 5 April each year (reissuing the statement on an annual basis). If the location of an indirectly delivered statement changes, workers must be notified directly and in writing of the new location within one month.
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);
- A summary of workers’ statutory rights in relation to trade union membership, including protection against detriment for joining a trade union; 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 that 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 employers 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 of a maximum of four weeks’ pay (applying the capped statutory rate for a ‘week’s pay’) is only awarded in certain circumstances where a worker has successfully brought another substantive claim.
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 employment disputes and Tribunal proceedings.
What should you be doing now?
Watch out for the standardised statement. Once this is 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. If you opt for indirect delivery, upload the statement to your intranet or otherwise make it available to staff. If you opt for direct delivery, ensure your processes are set up for annual reissuance.
If you have any questions, please contact a member of the team.
Subcribe to news and views
