The Government has confirmed in its response to the consultation on the duty to inform workers of their right to join a trade union that the introduction of this new duty will be postponed to January 2027. The change was previously expected to come into force on 30 October 2026, when the trade union right of access comes into effect.
In the consultation response, the Government has set out the details for the new duty, to be confirmed in secondary legislation. These are summarised below.
Form of the Statement
The statement will be standardised and provided by the Government, with employers required to add workplace-specific information before issuing the statement. A link to the Certification Officer’s publicly available list of trade unions will have to also be added within the statement or a copy of the list alongside the statement will have to be provided by the employer.
Required Content
The written statement will contain a set of clear, neutral and factual information. It will include:
1. A brief overview of the functions of a trade union.
2. Information on recognised trade unions (where applicable), including their contact details.
3. Information on statutory access agreements (where applicable), including their contact details.
4. Information on the Certification Officer’s list of trade unions.
5. A summary of statutory rights in relation to union membership.
Manner of Delivery
New workers must receive the statement directly at the start of employment, at the same time as the written statement of employment particulars.
Existing workers may receive the statement either directly or indirectly. Where indirect methods are used, the worker must receive an annual reminder delivered directly and in writing, informing them that the statement is available and where to find it. The statement will also have to remain continuously available and reasonably accessible to workers.
Frequency of Delivery
Where the statement is delivered directly to employees, all employers will be bound to deliver it by 5 April each year.
Where employers choose indirect methods, the statement will have to remain continuously and reasonably accessible to workers, and they will need to be reminded of it annually.
Changes Requiring Further Action
The statement must be reissued within one month where there is a change to:
The identity of recognised trade unions.
Trade unions with statutory access agreements.
Relevant union contact details.
Where an employer delivers the statement to existing workers indirectly and the location of the statement changes, the employer must notify workers of the new location within one month of the change.
Key Dates
This duty is expected to come into force in January 2027.
Employers will be required to issue the statement to all new workers who join the business from the commencement of the duty and deliver the statement to all existing workers by 5 April 2027.
