Legal update – Trade Unions: Government extension

What employers need to know

 

The Government has announced that the duty to inform workers of their right to join a trade union has been pushed back to January 2027. This requirement was due to come into effect, alongside a number of other Trade Union changes, on 30 October 2026.  

The Government has also published a response to the consultation on the change, providing some guidance and clarity for employers. Highlights include:  

  • The Government will issue a standardised statement for employers to give out informing of the right to join a union.  
    • It will be set out in regulations 
    • No amendments will be allowed – employers cannot change the statement, except to add specific workplace information 
  • The written statement will need to include: 
    • An explanation of union functions; 
    • A summary of statutory rights; 
    • A list of and information on recognised trade unions or statutory access agreements (as relevant); and 
    • A link to the Certification Officer’s list of trade unions or provide a copy of the list alongside the statement.  
  • New vs existing workers: 
    • For new workers, the statement will need to be provided at the same time as their written statement of particulars; 
    • For existing workers, the statement can be delivered directly or indirectly, but must be reasonably accessible. 
      • AND where existing workers are informed directly, as of 5 April, this must be repeated annually by the same date.  
      • For indirect methods, employers must ensure the statement remains continuously available AND issue an annual reminder of where to find it.  
        • If the statement’s location ever changes, employers must directly inform workers of the change and new location. 
  • The statement must be reissued within one month of any change to the identity of recognised unions or to statutory access agreements.  

 

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