New duty to inform workers of their right to join a trade union delayed

What is the new duty?

The Employment Rights Act 2025 introduces a new duty requiring employers to give each worker a written statement of their right to join a trade union. The detailed requirements will be set out in regulations. In its response to the consultation, published on 25 September 2026, the Government has confirmed the approach those regulations will take, although the commencement date and final statement have yet to be published.

What will the statement say?

The Government will provide a standardised statement. Employers will not be able to amend its wording, except to add information specific to their workplace. The statement will give neutral information about the right to join a union, briefly explain what unions do and summarise relevant statutory rights. Where applicable, it will also include information about unions recognised by the employer and any statutory access agreements.

Employers must either include a link to the Certification Officer’s list of trade unions in the statement or provide a copy of the list alongside it.

How and when will the statement need to be provided?

New workers will need to receive the statement directly, alongside their written statement of employment particulars.

For existing workers, employers will be able to provide it directly or make it available indirectly, provided it remains reasonably accessible. An employer using an indirect method must tell workers where to find the statement, remind them annually that it is available and notify them directly if its location changes.

Employers who provide the statement directly to existing workers must do so annually by 5 April. Those using an indirect method must keep it continuously and reasonably available and send an annual reminder explaining where to find it.

If the identity of a union with a recognition or statutory access agreement changes, the statement must be reissued within one month.

Learning points for employers

Employers can now begin planning how to reach both new and existing workers, particularly where some workers do not routinely use email or an intranet. They should also check their records of recognised unions and statutory access agreements, as these will determine what workplace information needs to be added to the statement.

The Government’s standardised wording and the regulations are still awaited. Employers should use those documents to finalise their statement and delivery process once published.

For more information or advice, please get in touch with Elizabeth McTeigue in our Employment team.