By Neil Todd, Head of Trade Union Law Group
The government has set out the final details of a new legal duty requiring employers to tell workers about their right to join a trade union, marking another significant step in the implementation of the Employment Rights Act 2025.
The new obligation, which has been put back, is now expected to take effect from January 2027, and forms part of the wider “Make Work Pay” programme aimed at strengthening collective worker voice and modernising industrial relations.
Under the new rules, employers will be required to provide workers with a standardised statement explaining their right to join a trade union. New starters must receive the statement with their employment particulars. Existing employees must either receive the statement annually or be given ongoing access to it through workplace systems such as intranets or noticeboards, supported by yearly reminders.
The government has rejected calls to allow employers to draft their own versions of the statement, concluding that a single, standardised document is the best way to ensure workers receive clear and neutral information about their statutory rights. Employers will only be permitted to add limited workplace-specific details, and will be required to include information about recognised trade unions and any statutory union access agreements that apply within their organisation.
Ministers say the reforms are designed to tackle low awareness of trade union rights, particularly in sectors where union membership is limited. The accompanying impact assessment points to evidence suggesting many workers are unfamiliar with trade unions and their role in representing employees. The government argues that improving awareness will enable workers to make informed choices about whether collective representation is right for them.
The consultation on the proposals attracted 307 responses from employers, trade unions, legal representatives and members of the public. While business groups raised concerns about administrative burdens and the need for neutrality, unions argued that workers cannot exercise rights they are unaware of. In response, the government has sought to strike a balance by making the information mandatory while allowing employers flexibility over how existing workers access it.
The government has stressed that the statement is intended to be factual and not promotional, making clear that workers have the right both to join and not to join a union.
The impact assessment estimates that the policy will impose relatively modest costs on employers, with most organisations expected to incur annual compliance costs of less than £50. However, ministers argue that improving awareness of collective rights could deliver broader benefits through stronger worker representation, improved employment relations and enhanced workplace engagement.
Employers will be required to provide the statement to all existing workers by 5 April 2027.