Trade union information duty: Government confirms how the new regime will work

Adrian Fryer

The Government has confirmed that the new Employment Rights Act 2025 duty to inform workers of their right to join a trade union will come into force on 1 January 2027, rather than 30 October 2026 as originally planned.

Alongside the revised implementation date, the Government has published its response to consultation, providing important detail on the scope and operation of the new statutory regime.

A prescribed statement

Employers will be required to give workers a written statement informing them of their right to join a trade union. Importantly, this will not be a statement for individual employers to draft. Its content will be prescribed in regulations, with amendments permitted only to add specified workplace information.

The statement will include a brief explanation of trade union functions, information about any recognised unions and statutory access agreements, and a summary of relevant statutory rights. Employers must also provide, or link to, the Certification Officer’s list of trade unions.

Different rules for new and existing workers

For new workers, the statement must be provided directly at the same time as the written statement of employment particulars.

The regime is more flexible for existing workers. Employers may communicate the statement directly or make it available indirectly, provided it remains reasonably accessible.

Existing workers must initially receive the statement, or be told where it can be accessed, by 5 April 2027. Direct communication must then be repeated annually by 5 April. Where an indirect method is used, the statement must remain continuously available, and workers must receive an annual reminder of its location.

There is also an event-driven obligation: where the identity of a recognised union or a union with a statutory access agreement changes, an updated statement must be issued within one month.

The consultation response therefore confirms that this will not simply be a one-off onboarding requirement. Employers will need systems capable of dealing with initial notification, annual communication and changes in workplace union arrangements.

Contact Adrian Fryer, Senior Partner and Head of Employment.