Duty to inform workers of right to join a trade union postponed to 1 January 2027
1 October 2026
On 25 September 2026, the Government issued its response to the 2025 consultation on the forthcoming duty to inform workers of their right to join a trade union. This duty, which was created by the Employment Rights Act 2025, had previously been stated as coming into force on 30 October 2026, but this has now been postponed to 1 January 2027.
The Government has also clarified what the statement must contain, and how it must be provided to workers, as follows:
Form: The statement will be a template wording drafted by the Government, with limited options to insert workplace-specific information.
Contents: The template wording will include:
A general summary of the functions of a trade union.
Specified information about any trade unions recognised by the employer (if applicable), with details of each relevant agreement (including sites and staff groups within the bargaining unit), and the union’s contact details.
Specified information about any statutory access agreements entered into by the employer (if applicable).
A link to, or copy of, the Certification Officer’s (CO) list of trade unions (this is a centrally compiled and administered list of recognised unions, which can be viewed here).
A general summary of statutory rights in relation to union membership.
Manner of delivery: The statement must be provided to workers as follows:
New workers: The statement must be given to them directly. (In other words, it cannot be delivered solely via a staff intranet or noticeboard; it must be handed or sent to them personally.) The statement must be given at the same time as their statement of employment particulars under s1 Employment Rights Act 1996 (i.e. by no later than the start of their employment).
Existing workers: The statement can be given to them directly or indirectly. However, where it is delivered indirectly, an annual written reminder must be sent to them notifying them of where the statement is located. The statement must be reasonably accessible at all times.
Frequency of delivery: All workers must be re-sent the statement, or a reminder of where the statement is located, every year, by no later than 5 April. If the contents of the statement, or its location within the workplace, are changed, workers must be notified of this within one month of the change.
Currently, there is no draft text of the template statement available; this will be published in forthcoming secondary legislation.
The Government’s full consultation response can be accessed here.
Enforcement
The new duty to provide a statement of the right to join a trade union will become part of, and therefore enforced in the same way as, the existing duty to provide employment particulars under s1 Employment Rights Act 1996 (often referred to as a ‘Section 1 statement’). Under this legislation, if an employer fails to provide an employee with the required information (whether accurately, completely, or at all), the employee may bring an Employment Tribunal claim. They are only entitled to compensation, however, if they succeed in a separate, freestanding claim (for example, unfair dismissal or discrimination). If compensation is available, the award will be between two and four weeks’ pay (capped at the weekly pay cap).
Timeline
The Government has published an updated timeline showing when the provisions of the Employment Rights Act 2025 are expected to come into force, which can be accessed here. The new date for the duty to provide a statement of trade union rights is the only substantive change to the previous copy published in July 2026. It is worth noting that this date is stated in the Government’s timeline as ‘January 2027’ (with no specific date given), whereas in the executive summary which accompanied the consultation response, a specific date of 1 January 2027 is given.
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This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.