Government Delays Introduction of Employer Duty to Inform Workers of Trade Union Rights

As noted in our earlier article, the introduction of an employer’s duty to inform workers of their right to join a trade union under section 58 of the Employment Rights Act 2025 was originally due to come into force on 30 October 2026.

However, the government has now revised its implementation timetable and confirmed that the new duty will instead come into effect in January 2027.

This gives employers a longer time to prepare for these changes.

As previously set out, employers will be required to provide workers with a written statement informing them of their right to join a trade union.

For new starters, this must be provided at the same time as the written statement of employment particulars, commonly referred to as the section 1 statement. Employers will also have an ongoing obligation to provide the information at other prescribed times.

The government responded to the ‘Make Pay: Duty to inform workers of their right to join a trade union’ on 25 September 2025 and further guidance has been provided in relation to the statement, which will be set out through secondary legislation.

The government has said that it will provide a standardised statement for employers to issue, which employers may not amend except to add specific workplace information. Employers must also either include a link to the Certification Officer’s list of trade unions within the statement or provide a copy of the list alongside the statement.

Content of the statement will include:

1. A brief overview of the functions of a trade union.
2. Information on recognised trade unions (where applicable), including their contact details.
3. Information on trade unions with statutory access agreements (where applicable), including their contact details.
4. Information on the Certification Officer list of trade unions.
5. A summary of statutory rights in relation to union membership.

Manner of the statement:

The statement will be delivered directly to new workers at the same time as the written statement of employment particulars (section 1 statement).

For existing workers, the statement may be delivered through either direct methods, or indirect methods, provided in the latter case it remains reasonably accessible to the worker.

Where indirect methods are used, the worker must be informed of where the statement is located and thereafter receive an annual reminder informing them that the statement is available and where to find it.

Where employers choose to deliver statements to their existing workers directly, they must do so annually by 5 April.

Where there is a change to the identity of unions which have recognition or statutory access agreements, the statement will be required to be reissued within one month of the change.

This duty is expected to come into force in January 2027. Employers will be required to issue the statement to all new workers that join from the commencement of the duty and deliver it to all existing workers by 5 April 2027.

Comment

The revised timetable gives employers valuable additional time to prepare for the new duty, but it should not be treated as a reason to delay. Employers should use this period to familiarise themselves with the government’s guidance, review onboarding and worker communication processes, and identify whether any recognised trade unions or statutory access arrangements will need to be reflected in the statement.

In practical terms, employers should be ready to issue the statement directly to new workers from January 2027 and ensure that all existing workers receive, or are properly directed to, the statement by 5 April 2027. Early preparation will help reduce the risk of non-compliance and ensure the new obligation is integrated smoothly into existing HR documentation and communication practices.

How we can help

To discuss how these changes may affect your organisation or to obtain advice, please get in touch with paul.mcgowan@collingwoodlegal.com. Our specialists are on hand to help you prepare with confidence.

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