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.
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