The government has published its response to its consultation on the duty to inform workers of right to join a trade union.
The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.
Last year the Government consulted on the form, content, manner and frequency of these statements and has published its response to this and set out its proposals for the regulations.
Form of Statement
The government is proposing to provide a standardised written statement for employers to issue. Employers cannot amend this save to add specific workplace information as required. Employers must include either a link to the Certification Officer’s list of trade unions within the statement or send a copy of this list with the statement.
Content of Statement
The statement will provide information on the right to join a trade union, a brief explanation of union functions, a list of and information on recognised trade unions and/or statutory access agreements (as applicable) and a summary of statutory rights in a clear, neutral way.
The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times.
Manner of Statement
For new workers, the statement will be delivered directly at the same time as the Section1 particulars. For existing workers, it can be delivered either directly or indirectly. If indirect, it must remain reasonably accessible to the worker and the worker must be informed of where to find the statement (and receive an annual reminder of the statement and where it is located).
Frequency of Statement
If employers deliver statements to their existing workers directly, they must do so annually by 5 April each year. As above, if using indirect methods, it must be continuously and reasonably available and a reminder sent annually. Changes to the location of this should be notified to workers directly.
If there are changes to the identity of unions with recognition/access agreements, the statement will need to be reissued within one month of the change.
We are still awaiting the regulations themselves, and the government’s proposed statement. The government has also changed its timetable for this proposed change from October 2026 to January 2027, allowing more time to review these once published and to prepare.
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