(2 min read)
As part of sweeping industrial relations reforms coming into force over the course of the next eighteen months, the government will introduce a new duty on employers to give a written statement to their workers, informing them of their right to join a trade union at the start of their employment and at other times. This is part of the government’s plan to reset and modernise its industrial relations framework “fostering a new partnership of co-operation between trade unions, employers and the government.”. The requirement to provide a written statement will come into force on 1 January 2027.
Following a consultation at the end of 2025, the government has just published its response providing employers with the much-needed clarity on what is required for the effective implementation of the new duty.
Content
Employers need to provide clear, neutral information on the right to join a trade union. It should include:
- A brief overview of functions of a trade union.
- A list of and information on recognised trade unions and/or statutory access agreements (where applicable).
- A summary of statutory rights in relation to trade union membership and activity to help workers understand their rights.
Form
It will be a standard statement provided by the government (not yet published) for employers to issue so that all workers receive consistent information. Employers will not be able to amend the statement except to add specific workplace information. It must also either include a link the Certification Officer’s list of trade unions or provide a copy of the list alongside the statement.
Manner
For new workers, the statement should be delivered directly to them alongside the written statement of employment particulars.
For existing workers, it should be delivered either directly e.g. by letter or email, or indirectly e.g. through the intranet or noticeboards, provided it remains continuously and reasonably accessible to workers. Employers must inform the workers of where the statement is located and if the location ever changes, employers must inform workers directly of the new location.
Frequency
Where employers choose to inform existing workers directly, they must do so annually by 5 April. When using indirect methods, the statement must remain continuously available with an annual reminder for workers that it is available and where to find it. Where there is a change to the identity of unions which have recognition/statutory access agreements, the statement must be reissued within one month of the change.
Next steps
This new duty is intended to come into force in January 2027. Employers will be required to issue the statement to all new workers that join from 1 January 2027 and deliver it to all existing workers by 5 April 2027. We await publication of the standard statement, but employers should consider how they will implement the new duty in January 2027 for existing workers whether by direct email/letter or through the intranet/noticeboards and will need to update their template employment contracts and written particulars of employment for new workers as soon as we see the standard statement wording from the government.
