Government consultation: Implementing the Employment Rights Bill’s duty to inform workers of their right to join a trade union

Publication details

• Publication date: 23 October
• Closing date for responses: 18 December (11.59pm)
• Link to consultation: Make Work Pay: duty to inform workers of right to join a union
• Relevant Bill provisions: clause 62 (right to statement of trade union rights) 

Purpose of the consultation

The consultation seeks views on how the new statutory duty requiring employers to inform workers of their right to join a trade union should operate in practice.

The principle has already been legislated for under the Employment Rights Bill. The government is now consulting on the practical detail - what the statement should say, how it should be provided and how often. The objective is to make the duty clear and proportionate while keeping compliance straightforward for employers.

Summary of content and scope

The consultation focuses on implementation rather than policy. It invites views on the content, format, delivery and frequency of the written statement employers must provide.

It does not revisit whether the duty should exist, nor does it address enforcement, penalties or transitional arrangements, which will follow in secondary legislation.

Key proposals or areas for comment

Employers will be required to give workers a written statement explaining their legal right to join a trade union. The proposed content includes a short explanation of trade unions’ functions, a summary of statutory rights relating to membership, details of any recognised unions, and a link to a GOV.UK list of registered trade unions.

The government’s preferred option is a standardised statement, centrally drafted and issued by employers with only workplace-specific additions. This would promote consistency, neutrality and ease of compliance.

For new starters, the statement would be provided directly, by email or letter, alongside the written statement of employment particulars. For existing workers, it could be provided directly or indirectly, such as via an intranet or noticeboard. Employers would be required to reissue the statement or remind staff of it annually.

The consultation invites views on whether these proposals strike the right balance between accessibility and proportionality, and whether any alternative approaches would better achieve these aims.

Practical and policy considerations

The new duty will require employers to build an additional step into onboarding and HR communication processes. Integrating the statement into existing procedures for issuing employment particulars will be the simplest route to compliance.

Even with a standardised statement, employers will need to decide how to distribute it to existing staff and how to evidence delivery. Larger organisations may prefer indirect publication via internal systems, while smaller employers may opt for direct delivery with payslips or review materials.

The statement must remain factual and neutral. Employers should avoid altering wording or adding commentary that could be seen as discouraging union membership. Maintaining accurate records of issue will help demonstrate compliance once the duty takes effect.

Unresolved or omitted issues

The consultation gives no detail on enforcement, penalties or record-keeping requirements, nor on how the duty will apply to existing workers when it first comes into force.

It is also unclear how the new requirement will interact with existing collective bargaining arrangements or apply to atypical workers, such as agency or casual staff. Further guidance and secondary legislation will be needed before employers can assess the full operational impact.

Analysis and observations

For most employers, the new duty should be relatively straightforward to implement, particularly if a single, standardised statement is adopted. The main practical task will be incorporating it into HR processes and maintaining records of compliance.

However, its potential impact may be wider than its procedural appearance suggests. By requiring every worker to receive written confirmation of their right to join a trade union, the measure could prompt greater awareness of, and engagement with, union activity within workplaces where union presence has historically been limited. Over time, this may lead to a more active dialogue between employers and employee representatives.

Interestingly, unlike the government’s separate consultation on the new trade union right of access , which proposes an exemption for employers with fewer than 21 workers, this duty contains no size-based carve-out. As drafted, the obligation to inform workers of their right to join a trade union would apply to employers of all sizes. This distinction reflects the government’s view that providing information is a light-touch, universal requirement, while granting workplace access is a more intrusive process better suited to larger employers.

For smaller organisations, this means that although they may be outside the scope of the proposed access regime, they would still need to issue the new statement to all workers once the legislation takes effect.