New trade union information duty: latest developments

The Government has published its response to the consultation on the duty to inform workers of their right to join a trade union. The key update is that employers now have longer to prepare: the implementation date has moved from 30 October 2026 to 1 January 2027. Beyond that the Government has provided some clarity around the form and content of the statement and how and when employers should distribute this, but the final regulations and wording have still to be published. Remember that the duty will apply to all employers – there is no minimum size threshold.

In this legal update we explain what we know so far on how the process will operate and suggest steps employers can take now to prepare. 

The form and content of the written statement

The consultation response clarifies that employers will be required to issue a standardised statement, which will be published by the Government in due course. The standardised statement will include:

• clear and neutral information about the right to join a trade union, including a brief explanation of trade union functions;
• a summary of statutory rights relating to union membership;
• where applicable, details of trade unions recognised by the relevant employer, including contact details and information about the staff groups, grades and workplace locations covered by the recognition arrangements;
• where applicable, information about trade unions with which the employer has a statutory access agreement, including contact details; and
• information about the Certification Officer's list of trade unions, with employers required either to include a link to that list within the statement or provide a copy alongside it.

How and when must the statement be provided?

New workers

From 1 January 2027, employers will be required to provide the statement directly to new workers at the same time as the written statement of employment particulars.

Existing workers

Existing workers will need to receive the statement, or be informed where it can be accessed, by 5 April 2027. Both direct (e.g. by sending direct to all employees) and indirect (e.g. by publishing on the intranet or in a handbook) methods will be possible. 

Employers that choose to provide the statement directly will be required to do so annually by 5 April. Employers that choose to provide the statement indirectly must ensure it remains continuously and reasonably accessible. In such circumstances, workers must be informed directly where the statement is located and receive an annual reminder of its availability. If the statement is moved, workers must be informed of its new location.

Changes to union arrangements

The statement will need to be reissued within one month where the identity of a recognised trade union, or a trade union with a statutory access agreement, changes. Employers should review the final regulations carefully to confirm the precise circumstances in which reissue will be required.

Why does this matter?

The duty itself is relatively simple. In practice, however, compliance may be more challenging for employers with multiple recognised unions, large worker populations, decentralised onboarding arrangements or workforces that do not routinely access email or intranet systems. Employers will also need processes to ensure information remains accurate and is updated promptly if recognition arrangements or statutory access agreements change.

Enforcement

A worker cannot bring a standalone employment tribunal claim solely because an employer has breached the new duty. However, if the worker succeeds in another claim, such as discrimination or unfair dismissal, and the employer has also breached the duty, the tribunal may award an additional two to four weeks’ pay, subject to the statutory cap on a week’s pay, currently £751.

Beyond the pure claims risk, failure to comply may have negative implications reputationally. Where a union is targeting a particular employer, their failure to comply with the duty is likely to give the union additional ammunition when speaking to employees and contribute to a challenging industrial relations landscape. 

What should employers do now?

Employers may wish to start preparing now by:

• reviewing onboarding documentation and workforce communication processes to determine how the prescribed statement could be incorporated;
• deciding whether ongoing compliance will be achieved through direct delivery or indirect access arrangements, taking account of workers who may not have routine access to email or intranet systems. If direct delivery is the preferred route employers may need to start planning lead in times now and update systems as far as possible, to ensure they are ready for 1 January 2027; and
• setting up a system for annual reminders if the indirect route is followed for updating existing staff.

Employers with multiple recognised trade unions should also use the lead-in period to identify the staff groups, grades and workplace locations they cover. This Government page, Trade union reform indicates that detailed guidance is expected to be published in November 2026. While the new duty is largely administrative it is part of a package of measures aimed at increasing trade union membership in workplaces, including the new right of trade unions to gain access to workplaces. That right comes into force on 30 October 2026. Further information on the new right of access is contained in our legal update, Trade Union Access Rights: Employer Preparation for 2026 Changes

For more information, or advice on your industrial relations strategy please contact one of our employment law experts or your usual CMS contact.