Government has published its response on the new duty requiring employers to inform workers of their right to join a trade union.
The measure will take effect from 1 January 2027, rather than 30 October 2026 as previously expected, giving employers additional time to review the requirements, update processes and prepare for implementation.
The final approach reflects a number of business concerns raised during the consultation, including flexibility on how information is provided and an annual communication requirement.
Under the new duty, employers will be required to provide workers with a standardised statement provided by Government, which will include:
- Clear, neutral and factual information, including a brief overview of the functions of a trade union. A list of trade unions with contact details – where possible, including where possible recognised trade unions and those with statutory access agreements, information on the Certification Officer’s list of trade unions and a summary of statutory rights in relation to union membership.
- For new starters, direct delivery will be mandatory at the same time as the written statement of employment particulars.
- For existing workers, it can be either directly or indirectly. Where indirect methods are used, the worker must receive an annual reminder delivered directly and in writing informing them that the statement is available and where to find it. The statement must remain continuously available and reasonably accessible to workers.
The final policy reflects a number of points raised by retailers during consultation. In particular, Government has retained flexibility for employers to communicate with existing workers indirectly, recognising that many workforces do not have regular access to individual email accounts or devices. The annual communication requirement is also more proportionate than more frequent reminders and should help reduce administrative burden.
The full response can be found here, and further guidance is expected in November.
