Duty To Inform Workers Of Their Right To Join A Union

Implementation Of A New Statutory Duty To Inform Workers Of Their Right To Join A Trade Union

Under the Employment Rights Act, employers will have a duty to inform workers of their right to join a union. The information should be provided in a written statement at the start of employment and periodically thereafter. A consultation seeks input on the format, content, delivery method, and frequency of these statements.


Implementation Of The Duty To Inform Workers Of Their Right To Join A Union

From October 2026, employers will have a duty to inform workers of their right to join a union at the start of their employment and at regular intervals thereafter. This will apply to all employers regardless of whether you have a recognised union.

Consultation

The consultation seeks views on how this new detail can be implemented and include questions such as:

  • What information such a statement should contain;
  • When the statement should be provided;
  • Should the statement include a brief overview of the functions of a trade union, a summary of statutory rights in relation to union membership, a list of all trade unions the employer recognises and a signpost to a list of trade unions;
  • Should the statement be in a standard form mandated by the government, or drafted by employers in line with government requirements, potentially on the basis of a government-drafted model; and
  • Should the statement be provided directly by way of letter/ email or indirectly through a notice board or intranet, and whether this should be different for new and existing workers.

The government also suggests that employers should have to remind workers of their rights at least annually but is asking for views on this.

You can respond online until 18 December 2025.

Get the Latest Legislation News and My Top Tips delivered straight to your inbox

Have a question? Let's have a chat and a coffee!

If you found this helpful and you would like to learn more about how I work with owners of small business who want to improve their HR management, please book some time in my diary.

Tap into and share the Kea world!

Don't forget to add Kea to your social networks and when you read an article that you like share it with your network!
Duty To Inform Workers Of Their Right To Join A Union

Kathryn

Kathryn is a highly experienced HR Manager with a wealth of skills and knowledge acquired across a variety of industries including manufacturing, health and social care and financial services. She has worked in small localised business and larger multi sited organisations and is comfortable liaising with senior managers and union officials as well as answering queries from team members. Connect with Kathryn on:

Call Us