New duty to inform workers of their right to join a trade union: what do employers need to do?

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 Government's latest implementation timetable confirms that the duty will come into force on 30 October 2026. The duty is expected to apply to employers regardless of their size.

The detail of the new requirement will be set out in regulations, including the content of the statement and the requirements governing how and when it must be provided.

What will the new regulations require?

The Government consulted on the proposed requirements between October and December 2025. The consultation proposed that the statement should include:

• A brief explanation of the functions of a trade union;

• A summary of the statutory rights relating to trade union membership;

• Details of any trade unions recognised by the employer; and

• A signpost to a gov.uk webpage listing trade unions.

The consultation considered whether employers should draft their own statements or use standardised wording provided by the Government. The Government's preferred approach is the latter, with employers required only to add details of any recognised trade unions.

When will the statement need to be provided?

For new workers, the proposal is that the statement will be provided alongside the worker's written statement of employment particulars.

For existing workers, employers are expected to have greater flexibility over how the statement is provided. The consultation proposed that it could be given directly, for example by email, or indirectly, for example by displaying it on a workplace noticeboard or intranet.

Learning points for employers

With the commencement date approaching, employers are understandably asking what they need to do now. The short answer is that there is limited action to take until the Government publishes the standardised statement and the underlying regulations. If the Government's preferred approach is confirmed, the statement will be provided centrally, and employers will simply need to add the details of any recognised trade unions before issuing it.

In the meantime, employers should ensure they have an up-to-date record of any recognised trade unions, as this will need to be included in the statement. Employers should also consider which method of delivery will be most practical for their workforce, particularly where not all workers have access to email or digital systems.

We will provide further guidance once the regulations and wording are published.

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