Trade Union Notification Duty Article

Currently Delayed Until January 2027.

Employers have now been given a little more breathing space to prepare for a new legal requirement to inform workers of their right to join a trade union. This legislation was set to come into effect on 30th October 2026, but the Government has now confirmed that implementation has been postponed until 1st January 2027 following its consultation on how the new requirement should work in practice.

What is changing?

Under the Employment Rights Act 2025, employers will be required to provide workers with a written statement informing them of their right to join a trade union. This is part of the Government's wider "Make Work Pay" reforms designed to increase awareness of workplace rights and modernise industrial relations.

The Government consultation received feedback from employers, trade unions, workers and legal stakeholders before finalising its approach.

What will employers need to do?

The Government has confirmed that:

• A standardised statement will be provided for employers to use.
• New starters must receive the statement alongside their written statement of employment particulars.
• Existing workers must also be informed of their rights.

Employers will need to provide ongoing reminders to workers, either directly or through an accessible workplace system such as a HR Portal, depending on the method chosen.

The government issued written statement will contain clear, neutral and factual information.

It will include:

• A brief overview of the functions of a trade union.
• Information on recognised trade unions (where applicable), including their contact details.
• Information on statutory access agreements (where applicable), including their contact details.
• Information on the Certification Officer’s list of trade unions.
• A summary of statutory rights in relation to union membership.

The statement itself will contain neutral information about trade unions, explain the right to join a union, and signpost workers to further information.

Why does this matter?

While many employers already communicate openly about workplace rights, this will be a new statutory obligation applying across workplaces regardless of whether a trade union is recognised. Businesses will need to ensure their onboarding processes and employee communications are updated before the new implementation date.

What can I do now?

Although the start date has been delayed, this is a good opportunity to:

• Review new starter documentation and onboarding processes.
• Consider how information will be communicated to existing workers.
• Keep an eye out for the Government's final regulations and guidance, expected later this year.

HR Insight

The consultation response reflects concerns raised by employers about unnecessary administration. The final approach provides greater flexibility around how information can be shared, particularly with existing workers, helping businesses meet their obligations in a practical and proportionate way. Its consultation response noted that employer support for the measure outweighed opposition but stressed the importance of clear guidance and practical implementation.

We'll keep clients updated as soon as the final regulations and model wording are published. For any questions or concerns, it is advised to contact your HR Advisor at Stallard Kane to support further.

To discuss your requirements, contact our HR team:
Email HR@skaltd.co.uk or call 01427 420 403 to get started.

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