Statement of trade union rights 

The Government has published its response to the consultation on implementing the new duty to inform workers of their right to join a trade union, confirming that the obligation is now expected to come into force from 1 January 2027, rather than from 30 October 2026 as originally anticipated. The measure forms part of the wider industrial relations reforms contained in the Employment Rights Act 2025.

Under the new regime, employers will be required to provide workers with a written statement explaining their right to join a trade union. This will apply regardless of whether or not the employer recognises a trade union. The Government has confirmed that this statement will be standardised and drafted centrally, with input from Acas. Employers will be permitted to add only limited workplace-specific information.

The statement, to be provided under forthcoming regulations, will include:

• a brief explanation of the role of trade unions
• a summary of statutory rights relating to trade union membership
• details of any recognised trade unions and statutory access agreements that apply within the workplace
• contact details for those unions
• information on the Certification Officer’s list of trade unions.

New workers will be entitled to receive the statement directly when they start employment, alongside their written statement of employment particulars (or employment contract). Existing workers may receive the information either directly or indirectly, such as through an intranet site, provided the information remains reasonably accessible and workers receive an annual reminder informing them where it can be found.

The Government has also confirmed that employers using direct delivery methods will need to provide the statement annually by 5 April. Updated statements will also be required where recognised unions, statutory access arrangements or union contact details change.

What does this mean for employers?

This is one of the less controversial reforms arising from the Employment Rights Act 2025, but employers will still need to review their onboarding processes and record-keeping arrangements before the new duty takes effect.

Employers with recognised trade unions are likely to face the greatest administrative challenge. They will need to ensure that details of applicable recognition arrangements, staff groups and workplace locations are accurately reflected in the statement and kept up to date.

The reforms are intended to increase awareness of trade union rights across the workforce and support workers to make an informed choice on whether or not to join a union. While the Government has emphasised that the statement must be factual and neutral, employers should expect greater visibility of collective representation rights and recognised unions within their organisations.