How must employers tell workers about their right to join a trade union?
From 1 January 2027, expected and subject to Parliament, employers must give every worker a written statement that they have the right to join a trade union. New workers get it with their written statement of employment particulars. The government plans a standard statement set by regulations, with existing workers covered by 5 April 2027 and yearly delivery or reminders after that.
What the law says
Section 58 of the Employment Rights Act 2025 inserts a new section 136A into the Trade Union and Labour Relations (Consolidation) Act 1992. So far it is in force only to allow regulations to be made; the duty itself has not yet been commenced. It applies in Great Britain and covers workers, not only employees. The statement must be given at the same time as the written statement of employment particulars, and at other times set by regulations. Where particulars are given in instalments, the first instalment is the trigger.
Regulations can set the content, form and manner of the statement. Once commenced, the Act also brings the duty within section 38 of the Employment Act 2002. Under section 38, if a worker succeeds in certain tribunal claims and the employer was in breach of a listed statement duty when the claim began, the tribunal must award two weeks' pay and may award four, unless exceptional circumstances make that unjust. A week's pay is capped.
What the government has decided
Its consultation response of 25 September 2026 says the government will provide a standardised statement that employers may not amend, except to add workplace-specific information. It will be neutral and make clear that workers can choose whether to join.
- Content: what unions do, a summary of statutory rights, and any recognised unions or unions with statutory access agreements, with contact details
- A link to the Certification Officer's list of trade unions, or a copy of the list
- New workers: given directly, such as by email, in person or by post
- Existing workers: by 5 April 2027, then either directly by 5 April each year, or kept continuously available (for example on an intranet) with a direct written reminder each year
- Reissue within one month if recognised unions, unions with access agreements or their contact details change
What is not yet published
The regulations, the standard wording and the commencement regulations bringing the duty into force were not on legislation.gov.uk when this answer was reviewed. The government says the details will be set out in secondary legislation and that it intends to publish non-statutory guidance, including on accessibility for workers without regular digital access. Treat the points above as the government's stated plan until the regulations are made.
The law
“at the same time as the employer gives the worker a statement under section 1 of the 1996 Act…”
“See section 38 of the Employment Act 2002 for the effect of failing to give a statement…”
Sources
- Make Work Pay: duty to inform workers of right to join a union · GOV.UK
- Government response to the consultation on duty to inform workers of their right to join a trade union · GOV.UK
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Duty to inform workers of their right to join a trade union expected to start
- Expected deadline to give the statement to existing workers
Future dates are expected dates and depend on Parliament.
What employers can do
- Once the standard statement is published, add it to your onboarding pack so it goes out with the written statement of particulars
- Decide whether existing workers will receive it directly or through an intranet or noticeboard with a yearly reminder
- Plan delivery to existing workers before 5 April 2027
- Keep an up-to-date record of recognised unions, access agreements and union contact details
- Check GOV.UK for the final regulations and standard statement before finalising templates
Related answers
- What do the 2026–27 trade union changes mean for employers? The Employment Rights Act 2025 makes recognition and industrial action easier for unions. Several changes already apply, including 10 days' notice of industrial action and simpler recognition. From 30 October 2026 unions gain a statutory right to request workplace access, and from 1 January 2027 employers must tell workers they have the right to join a union. Future dates remain subject to Parliament.
- What should an employer do when a union asks for workplace access? In Great Britain, since 30 October 2026, an independent trade union can send a written request for access to meet or communicate with workers. The employer has 15 working days to agree or disagree, giving reasons for any refusal, and then 25 working days to negotiate terms. If the parties cannot agree, the Central Arbitration Committee (CAC) can decide, and repeated breaches can lead to penalties.
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.