Delay to New Duty to Inform Workers of Union Rights

The government has confirmed that employers will need to give workers a written statement explaining their right to join a trade union from 1 January 2027. The implementation date has been pushed back from October 2026, and the government has now set out how the duty is expected to work.

The Employment Rights Act 2025 introduces the duty as part of wider changes to the UK’s industrial relations framework. It will apply to workers, not only employees. The government says that a lack of awareness about the right to join a union may be contributing to lower engagement in collective bargaining. Its stated aim is to help workers understand their rights and make an informed choice.

What must the statement contain?

The government will provide a standard statement for employers to issue. Employers will not be able to change its wording, except to add specific information about their workplace.

The statement is expected to include clear, neutral information about the right to join a trade union; a brief explanation of union functions; a summary of workers’ statutory rights; and details of recognised trade unions and unions with statutory access agreements, where applicable. Employers must also include a link to the Certification Officer’s list of trade unions or provide a copy of it.

The final wording and regulations have not yet been published. Employers should wait for these before completing or issuing the statement.

When and how must it be given?

New workers must receive the statement directly, at the same time as their written statement of employment particulars.

For existing workers, employers can either give the statement to each worker directly or make it available indirectly, for example through an intranet or workplace noticeboard. If the indirect method is used, the statement must remain continuously available and reasonably accessible. Employers must also tell workers where to find it and send them a direct written reminder each year.

If employers choose to deliver the statement directly to existing workers, they must repeat this annually by 5 April. If the location of an indirectly available statement changes, workers must be told directly. If the identity of a recognised union or a union with a statutory access agreement changes, the statement must be reissued within one month.

What does this mean for employers?

Employer will need to communicate with every worker, including people who do not regularly use email or an intranet. Employers may need to consider alternative channels that fit their workforce and workplace.

The government’s consultation response reflects differing views on the potential effect of the duty. The TUC argues that the statement could address gaps in workers’ knowledge: from the polls it carried out, it cites, one in five workers said they had either not heard of trade unions or did not know what they do. The government says the aim is to inform workers, not to direct them towards joining a union.

The change may also prompt employers to review how they engage with their workforce and manage union relationships, particularly alongside other reforms to collective bargaining. The effect on union membership is not certain, but employers can use the time before implementation to consider how the new duty will sit alongside their existing employee communications and industrial relations arrangements.

What employers need to do now

There are several steps employers should be taking now to prepare for the new duty. These include reviewing onboarding processes, reviewing records and policies, and planning how to ensure compliance.

The detail can feel onerous, particularly when employers need to decide how the duty will work in practice. RSW Law can guide you through the requirements, carry out the essentials for you and put the necessary processes in place.

We will keep you informed of developments as they unfold and we can assist with consultation and messaging to employees.

If you’d like to discuss any of the issues raised by this article, please get in touch.  

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