Today there have been two big developments regarding the new duty on employers to inform workers of their right to join a trade union. In what many businesses will see as a bit of good news, the implementation date has been pushed back from 30th October 2026 to January 2027, and the government has (finally) revealed key details of what practically the new duty will require businesses to do.
So, here are five key things your business needs to know:
- What form will the statement take?
- What is to be included in the content?
- How and when must it be given to workers?
- Why the change to the implementation date for the new right?
- What should my business do now?
1. What form will the statement take?
As part of forthcoming regulations, the government will provide a standardised statement for employers to issue (which cannot be amended 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.
The government considers that “providing a standardised statement for employers to issue offers the clearest and most certain way to ensure that workers receive consistent and authoritative information about their rights”. From a business perspective, this should also help to lighten the load for employers.
2. What is to be included in the content?
The written statement will contain “a set of clear, neutral, and factual information”, including:
- 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
3. How and when must it be given to workers?
New workers: must receive the statement directly at the start of employment at the same time as the written statement of employment particulars (for many businesses this will be contracts of employment).
Existing workers: may receive the statement of the right to join a trade union either directly or indirectly (for example through the intranet or noticeboards).
- 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. If the location of the statement ever changes then employers need to inform workers of this directly within one month of the change.
- Where existing workers are informed directly, this must be repeated annually by 5th April.
Where there is a change to the identity of recognised trade unions, trade unions with statutory access agreements or the relevant union contact details, the statement will be required to be reissued within one month of the change.
4. Why the change to the implementation date for the new right?
The government have not given an explanation in their consultation response, but they have said on the updated Employment Rights Act timeline, “To give workers, employers, and businesses confidence about upcoming changes, this document sets out the latest timetable for measures introduced…”.
The delay will at least give businesses some breathing space to familiarise themselves with the new requirements.
5.What should my business do now?
Whilst we have the main details about the statutory statement and how this will operate in practice this comes from the government’s response to the consultation on this area. The statutory statement itself is not available yet and the government will need to set out the operational and practical details in regulations.
In respect of your existing staff, as we move closer to January you may wish to start thinking about whether the direct or indirect method of providing the statement would work best for your business and how annual reminders will be managed.
We will keep you updated on developments in this area. In the meantime, if you have a HR matter your business would like assistance with, please reach out as we are here to help.