The duty for every employer, regardless of size or sector, to inform workers about their right to join a trade union has been pushed back from 30 October to 1 January 2027.
What employers must communicate
The Government has confirmed that employers will be required to issue a standardised written statement, drafted by the Government, explaining workers’ rights in relation to trade union membership. Employers will not be permitted to alter the prescribed wording, although they may add information relevant to their own workplace.
What will the statement cover?
The mandatory statement will:
- explain the role and functions of trade unions;
- summarise statutory rights connected to union membership;
- make clear that joining a union is a voluntary choice;
- note that unions may charge membership fees;
- identify any recognised trade unions and provide their contact details;
- identify any unions with statutory access agreements and provide their contact details;
- include the Certification Officer’s official list of trade unions.
How the statement must be delivered
The method of delivery will depend on whether the individual is a new or existing worker.
New workers
The statement must be provided directly when the worker starts their role, at the same time as the Section 1 Employment Rights Act 1996 particulars (the employment contract).
Existing workers
Employers may choose either direct or indirect delivery.
- Direct delivery
Subject to the final regulations, direct delivery is likely to include:
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- sending the statement to a personal email address;
- issuing a hard‑copy letter;
- providing it individually through an HR or onboarding system.
The key point is that the communication must be personal and employers should retain evidence of delivery. If using the direct method, employers must also issue a direct annual reminder by 5 April.
- Indirect delivery
Indirect delivery may involve placing the statement:
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- on the employer’s intranet;
- on a physical noticeboard.
However, employers cannot simply upload the statement and consider the duty fulfilled. Workers must be clearly signposted to where the statement is located, and employers must still send a direct annual reminder by 5 April confirming that the statement is available and where it can be found.
Initial rollout
When the duty begins on 1 January 2027, all new starters must receive the statement from that date. For existing workers, the first delivery—whether direct or indirect—must be completed by 5 April 2027.
Employers will need to consider workers who do not routinely use email or intranet systems, such as site‑based, retail or warehouse staff. Accessibility may need to be assessed individually, and a single approach may not be suitable for all parts of the workforce. Employers should also plan how they will manage the annual reminder requirement.
What employers should be doing now
Although employers will not need to draft the statement themselves, they will need to prepare for its delivery and ongoing administration. Key actions include:
- monitoring for publication of the Government’s standardised wording and preparing any permitted workplace‑specific additions;
- updating onboarding processes to ensure new starters receive the statement from 1 January 2027;
- identifying all individuals within the broader “worker” category who must receive the information;
- deciding where the statement will sit on the intranet and assessing whether this will reach all workers—if not, consider using both direct and indirect methods;
- establishing a reliable process for issuing the annual 5 April reminder;
- confirming details of any recognised unions or unions with statutory access agreements that must be included.
Consequences of non‑compliance
Further regulations are expected in November 2026, although this may shift. Current indications suggest there will be no standalone tribunal claim for failing to comply with the duty. However, if a worker succeeds in another tribunal claim, the employer’s failure to meet the duty could result in an additional award of two to four weeks’ capped pay. Employers should therefore keep a close eye on developments.
Do not confuse this with the new union access rights
The separate statutory right for trade unions to access workplaces—both physically and digitally—remains scheduled to commence on 30 October 2026. Employers should continue preparing for this obligation as planned.
1 October 2026