Hot off the press, the Government announced last Friday (25.09.26) that the requirement for employers to provide workers with a written statement informing them of their right to join a trade union has been pushed back from 30 October 2026 to 1 January 2027, meaning a little bit of breathing space in what is already a busy month for employment law-related changes. Further details of how the duty will operate were also published by the Government and are examined in more detail below.
What is changing?
From 1 January 2027, employers will be required to provide workers with a written statement informing them of their right to join a trade union. Importantly, the obligation applies to workers, rather than employees only, and there is no small business exemption.
How about the content of the statement?
The Government will provide a standardised statement, and employers will not be allowed to change the wording.
The response to the consultation has confirmed that the statement will contain neutral and factual information about trade union membership and is expected to cover:
- what trade unions do- providing a brief explanation of union functions;
- details and contact information for any trade unions recognised by the employer;
- details and contact details of any unions with statutory access agreements;
- a link to, or a copy of the Certification Officer’s list of trade unions; and
- a summary of workers’ statutory rights in relation to trade union membership.
It will also make clear that it remains the worker’s choice whether or not to join a trade union and that unions may charge a membership fee.
When must the statement be issued?
For anyone starting work on or after 1 January 2027, the statement will need to be provided directly to them at the same time as their written statement of employment particulars.
For HR teams, this should be relatively straightforward to incorporate into existing onboarding processes once the Government publishes the final statement.
Existing workers will also need to receive, or be given access to, the statement by 5 April 2027.
How should employers do this?
Employers will have a choice about how they do this. The statement can be sent directly to workers, for example by email or post, or it can be made continuously available somewhere reasonably accessible, such as the intranet.
However, there is an important additional requirement. Where the statement is made available indirectly, employers will need to send workers a written reminder each year confirming that it remains available and telling them where they can find it.
Employers choosing to provide the statement directly will similarly need to provide it annually by 5 April.
Employers 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.
What are the penalties for non-compliance?
A worker will not be able to bring a standalone Employment Tribunal claim simply because their employer has failed to provide the statement.
Instead, enforcement will broadly follow the existing approach to failures concerning written employment particulars. Where a worker successfully brings another qualifying Tribunal claim, a failure to comply with the new requirement may result in an additional financial award of between 2-4 weeks capped pay.
What should employers do now?
The postponement from October to January gives employers some useful and no doubt much needed breathing space, as you will see from this newsletter that October is already a busy month!
Even for the eager amongst us, it is important to note that you should not start drafting a statement in preparation, as the Government will provide the wording, which cannot be changed. Secondary legislation setting out the detailed requirements is expected to be laid before Parliament in November 2026, with further guidance published shortly thereafter.
In the meantime, HR teams and business owners can usefully:
review onboarding processes to identify where the new statement will sit;
- consider how the statement will be communicated to the existing workforce;
- identify workers who may not have regular access to email or an intranet;
- gather details of any recognised trade unions or statutory access arrangements; and
- build the annual April reminder into the HR calendar.
For most employers, this is unlikely to be a particularly onerous change. However, it is another compliance requirement to add to an already busy Employment Rights Act implementation timetable.
Importantly, whilst this particular trade union reform has been pushed back, the more significant right of trade union access to workplaces is still due to take effect on 30 October 2026 as planned. For now, employers would therefore be well advised to focus their attention and preparation on that more immediate change.
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lreynolds@refreshinglawltd.co.uk
Lousha Reynolds
Refreshing Law