Update to timeline
The government's timeline has been updated to reflect the push back to January 2027 on the new duty to inform workers of the right to join a trade union. The delay gives employers, which are already grappling with a number of other changes under the Employment Rights Act 2025, some much needed breathing space to ensure compliance strategies are in place.Government response to consultation
The government response document has confirmed how it intends employers to comply with the new duty, specifying requirements in four key areas: Form, Content, Manner and Frequency.Form
The Government will provide a standardised statement for employers to issue to workers. Employers will not be permitted to amend the statement, other than to include 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 that list alongside it.Content
The statement will provide clear, neutral information on the right to join a trade union. It will include a brief explanation of trade union functions, information about recognised trade unions and/or statutory access agreements (where applicable), and a summary of relevant statutory rights.Manner
For new workers, the statement must be provided at the same time as the written statement of employment particulars.For existing workers, the statement may be delivered either directly or indirectly, provided that where indirect methods are used it remains reasonably accessible to workers. Employers using indirect methods must inform workers where the statement is located and provide an annual reminder explaining that the statement is available and where it can be found.
Frequency
Where employers choose to provide the statement directly to existing workers, it must be issued annually by 5 April.Where the statement is provided indirectly, it must remain continuously and reasonably available to workers, with an annual reminder confirming its availability and location. If the location changes, workers must be informed. Employers will also be required to reissue the statement within one month of any change to the identity of a recognised trade union or a trade union operating under a statutory access agreement.
What should employers do now?
The postponement to January 2027 will be welcomed by many employers who are already dealing with a substantial programme of employment law reform. Employers should continue to focus on the trade union reforms due to take effect on 30 October 2026, particularly the strengthened right of trade union access.The additional lead-in time should be used to review onboarding processes, employee communications and HR systems so that employers are ready to issue the required statement to new hires and existing workers once the duty comes into force.
