New duty to inform workers of their right to join a trade union – delayed to January 2027

The Government has announced that the new duty on employers to inform workers of their right to join a trade union, originally due to take effect on 30 October 2026, has been pushed back and is now intended to come into force from 1 January 2027.

The Government has published its response to the public consultation on the change, which ran towards the end of last year. While the extra time is welcome, the response confirms that there will be a fairly prescriptive regime that employers should start planning for now.

A standard statement – with little room for tailoring

Employers will be required to issue a standardised statement, the wording of which will be set out in regulations. No amendments will be permitted, except where specific workplace information is added. The statement will include:

• a brief explanation of the functions of trade unions;
• a list of, and information about, any recognised trade unions and/or statutory access agreements (where applicable); and
• a summary of workers’ statutory rights.

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.

When and how the statement must be given

New workers: the statement must be provided directly, at the same time as their written statement of particulars.

Existing workers: the statement can be delivered either directly or indirectly, provided it is reasonably accessible.

• Direct delivery: if an employer chooses to inform existing workers directly, this must be repeated annually by 5 April.
• Indirect delivery: if an employer uses indirect methods (for example, an intranet or HR portal), the statement must remain continuously available, and workers must receive an annual reminder of where to find it. If the location of the statement changes, workers must be informed of this directly.

Changes to recognition arrangements

Where there is a change to the identity of recognised trade unions or statutory access agreements, the statement must be reissued within one month of the change.employment law

What should employers do now?

Although the start date has moved to January 2027, employers should use the additional time to prepare. In particular, employers should:

• review onboarding processes so the statement can be issued alongside written statements of particulars from day one;
• decide whether to inform existing workers directly or indirectly, and diarise the annual 5 April deadline or annual reminder accordingly;
• identify any recognised unions or statutory access agreements and put a process in place to reissue the statement within one month of any change; and
• keep an eye out for the regulations setting out the prescribed wording.

Contact our employment law solicitors today

Our team is here to help support your business through this period of unprecedented employment law transformation and to help you prepare as much as possible in advance of the changes.

If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.