Consultation outcome

Government response to the consultation on duty to inform workers of their right to join a trade union: executive summary

Updated 25 September 2026

The government’s Plan to Make Work Pay sets out an ambitious agenda to deliver our Plan for Change by ensuring employment rights are fit for a modern economy, empowering working people and contributing to economic growth.

As part of this plan, we are resetting and modernising our industrial relations framework. The Employment Rights Act 2025 (‘the act’) is a major milestone in delivering on this, bringing our employment legislation firmly into the 21st century and fostering a new partnership of co-operation between trade unions, employers and the government.

Through the act, the government is introducing a new duty on employers to provide workers with a written statement informing them of their right to join a trade union. This duty is intended to come into force on 1 January 2027.

The government ran a consultation to seek views on how this duty can be implemented effectively in practice while minimising the burden on employers. It attracted views from stakeholders including employers, trade unions, workers, members of the public, and legal stakeholders, reflecting a broad range of perspectives across sectors and organisation types.

This government has carefully considered all evidence and perspective gathered through this consultation. To ensure the duty is implemented effectively and proportionately, the government will specify requirements for delivery in the following areas.

Form

As part of its regulations, the government will provide a standardised statement for employers to issue, which employers may not amend except to add specific workplace information. Employers must also either include a link to the Certification Officer’s list of trade unions within the statement or provide a copy of the list alongside the statement.

Content

The written statement will provide clear, neutral information on the right to join a trade union. It will include a brief explanation of union functions, a list of and information on recognised trade unions and/or statutory access agreements (where applicable) and a summary of statutory rights.

Manner

The statement will be delivered directly to new workers at the same time as the written statement of employment particulars. For existing workers, the statement may be delivered through either direct methods, or indirect methods, provided in the latter case it remains reasonably accessible to the worker. Where indirect methods are used, the worker must be informed of where the statement is located and thereafter receive an annual reminder informing them that the statement is available and where to find it.

Frequency

Where employers choose to deliver statements to their existing workers directly, they must do so annually by 5 April. Where the employer uses indirect methods to deliver the statement, the employer will have to ensure that the statement remains continuously and reasonably available to the worker. The employer must issue an annual reminder that the statement is available and where to find it.

The employer will have to inform their workers directly if the location of the statement changes where indirect communication is relied upon. Where there is a change to the identity of unions which have recognition or statutory access agreements, the statement will be required to be reissued within one month of the change.

The government believes that this approach will ensure the duty effectively supports workers to make an informed choice on whether to join or not join a union, while remaining proportionate and practical for employers of all sizes. We will continue to work closely with unions, employers, and workers to ensure successful implementation of the duty.