Duty to Inform Workers of Their Right to Join a Trade Union: Delayed, But Not Going Away

Employers preparing for the raft of Employment Rights Act 2025 changes arriving in October have had one item pushed back. The new duty to inform workers of their right to join a trade union, originally due to come into force on 30 October 2026, has now been delayed. The Government's consultation response, published on 25 September 2026, confirms the duty is instead intended to come into force between December 2026 and January 2027.

The delay gives employers a little more breathing room, but the underlying detail is now confirmed and it's worth getting ahead of it rather than waiting for the new date to arrive.

What the Duty Requires

At its core, the duty requires employers to provide workers with a written statement informing them of their right to join a trade union. Having consulted with employers, trade unions, workers and legal stakeholders, the Government has now set out exactly what that statement must look like and how and when it must be delivered.

Form

The Government will provide a standardised statement for employers to issue. Employers will not be able to amend the wording, beyond adding 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 itself must give clear, neutral information on the right to join a trade union, including a brief explanation of what trade unions do, details of any recognised trade unions or statutory access agreements that apply and a summary of relevant statutory rights.

Manner of Delivery

For new workers, the statement must be delivered directly, at the same time as the written statement of employment particulars. For existing workers, employers have more flexibility. The statement can be delivered directly, or made available indirectly, for example via an intranet or staff handbook, provided it remains reasonably accessible. Where an indirect method is used, the worker must be told where to find the statement, and must then receive an annual reminder that it's available and where to locate it.

Frequency

Employers delivering the statement directly to existing workers must do so annually, by 5 April. Employers relying on indirect delivery must ensure the statement stays continuously accessible, provide an annual reminder as above, and tell workers directly if the statement's location changes. Where the identity of recognised unions or statutory access agreements changes, the statement must be reissued within one month.

Why the Delay Matters and Why It Shouldn't Mean Waiting

A short delay to a compliance deadline can easily translate into deprioritising it altogether, especially with so much else landing this October. That would be a mistake here. The detail has now been confirmed, the standardised statement and delivery rules are clear, and employers have a genuine window to get this right before the duty bites, rather than scrambling once it does.

What Employers Should Do Now

Identify your onboarding trigger point. New workers must receive the statement alongside their written statement of particulars, so this needs building into your existing onboarding paperwork and process now.

Decide your approach for existing staff. Direct annual delivery by 5 April is simpler in concept but creates a recurring administrative task; indirect delivery via an intranet or handbook needs a genuinely accessible location, a clear process for telling staff where to find it, and a reliable annual reminder system.

Map your recognised unions and access agreements. You'll need this detail correctly reflected in the statement from day one, and a process for reissuing the statement within a month of any change.

Watch for the final regulations and standardised statement wording. The Government has confirmed the framework, but the actual statement template and secondary legislation are still to follow.

Impact

This is a compliance obligation with real administrative teeth, standardised wording, defined delivery methods, annual deadlines, and a one-month reissue trigger, all layered onto an already busy Employment Rights Act 2025 implementation timetable.

We help employers build this into onboarding processes and staff communications properly the first time, and can review your existing statement of particulars process to make sure it's ready to absorb this duty when the final regulations land. Get in touch if you'd like support and now is a good time to review your contracts and policies.

Contact Oliver Tasker: 📞 Call: 01522 776270 ✉️ Email: oliver@impactemploymentlaw.co.uk

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