Right to join a union statement: government confirms how the new employer duty will work

The Department for Business and Trade published its consultation response on the new duty to inform workers of their right to join a trade union on 25 September 2026, setting out what the statement will say and how and when employers must deliver it. The government says the duty is intended to come into force in January 2027 — not with the separate trade union measures (access, recognition, protections for union representatives) that DBT’s updated timeline lists for 30 October 2026.

The legal basis

Section 58 of the Employment Rights Act 2025 inserts a new section 136A into the Trade Union and Labour Relations (Consolidation) Act 1992. A worker’s employer “must give the worker a written statement that the worker has the right to join a trade union” at the same time as the section 1 statement of employment particulars under the Employment Rights Act 1996, and at other times set by regulations. The Act has no small-employer exemption, and the government has rejected size- or sector-based variations. The existing exceptions for share fishermen and for employment outside Great Britain are extended to it.

So far only enabling powers in section 58 (including the power to make regulations under section 136A) have been commenced; the duty itself is not yet in force, and no regulations setting the statement’s content, form or timing appear on legislation.gov.uk as at 25 September 2026. What follows is what the government says those regulations will contain.

What the statement will say

The government will write a standard statement that employers may not change except to add workplace-specific information. It will include:

• a brief overview of what trade unions do
• any recognised unions, with the union’s contact details and, where it does not cover every worker, the staff groups, grades or locations it covers
• any unions with statutory access agreements, with their contact details
• a link to the Certification Officer’s list of trade unions, or a copy of the list provided alongside the statement
• a short summary of statutory rights relating to union membership, including that workers can choose whether to join and that unions may charge a membership fee

When and how employers must deliver it

• New workers: employers must give the statement directly (for example by email, in person or by post) at the same time as the written statement of employment particulars.
• Existing workers: either directly, by 5 April each year, or indirectly (for example an intranet or noticeboard), where it must stay continuously and reasonably accessible and workers get a direct written reminder each year saying where to find it.
• Changes: if the recognised unions, unions with access agreements or their contact details change, employers must reissue the statement within one month. If an indirectly published statement moves, workers must be told the new location within one month.

Workers who join from the day the duty starts must get it on joining, and all existing workers by 5 April 2027.

What happens if an employer does not comply

There is no new regulator. The duty itself sits in section 136A of the 1992 Act; enforcement will run through the existing Employment Act 2002 framework, whose section 38 is amended by section 58. Once in force, if a worker wins an employment tribunal claim under one of the jurisdictions listed in Schedule 5, and the employer was in breach of the duty when the claim began, the tribunal must award (or add to its award) two weeks’ pay, and may make it four weeks’ pay if just and equitable, unless exceptional circumstances make that unjust. A week’s pay is subject to the statutory cap in section 227 of the Employment Rights Act 1996.

What to do now

Employers are not required to do anything yet: the statement and rules will come in regulations, with non-statutory guidance. Workers do not need to request the statement; once the duty starts, it should arrive with their written particulars or, for existing staff, by 5 April 2027.