The Government has confirmed that the new requirement for employers to tell workers about their right to join a trade union is now due to come into force in January 2027, rather than 30 October as originally planned.

What was the response to the consultation?

• Employers will be able to use a standard statement prescribed by regulations

• The wording of the statement cannot generally be changed, although relevant information about the workplace may be added

• There must be either a link to the Certification Officer’s official list of trade unions within the statement, or a copy of that list must be provided

• The statement will include clear, neutral information on the right to join a trade union and explain the role of trade unions, summarise the relevant statutory rights and provide details of any recognised trade unions or statutory access agreements

• New workers must receive the statement at the same time as their written statement of employment particulars

• Existing workers may be given the information directly, or employers may make it available through an accessible workplace system or location

• If the information is made available indirectly, it must remain continuously accessible. Employers must also remind workers annually where it can be found

• Where the statement is provided directly to existing workers, it must be reissued each year by 5 April

• Workers must be notified directly if the location of the statement changes

• If there is a change involving a recognised union or statutory access agreement, an updated statement must be provided within one month

What employers should do

Although implementation has been delayed, employers should begin considering how the statement will be issued to new and existing workers. This may include reviewing onboarding documentation, staff intranets and annual communication processes. When the new duty commences, from that point onwards employers will be required to issue the statement to all new workers and to deliver it to all existing workers by 5 April 2027.

We will continue to keep you updated on all things relating to this new duty via our publications.

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