Background
The Employment Rights Bill introduces a new statutory duty requiring employers to inform all workers of their legal right to join a trade union. This aims to improve awareness of trade union rights and protections, especially among new entrants to the workforce and those in insecure or non-unionised employment. This will also strengthen employees’ voices and enhance their representation.
The Government is consulting on how this duty should be implemented in practice, focusing on five key areas outlined herein, which seeks the views on how this duty should work in practice – what the statement should say, how it should be given, and how often the statement should be delivered:
1. Content of the statement
The consultation seeks views on what information the employer’s statement should include. Suggested elements are:
- A clear statement that workers have a legal right to join a trade union.
- An explanation of protections against detriment or dismissal for union membership or activity.
- Information on how to find or contact a trade union (e.g. via the TUC or a relevant union).
- Optional inclusion of employer-specific union arrangements (e.g. recognised unions, collective bargaining).
The aim is to ensure the statement is informative, accurate, and accessible without being overly burdensome.
2. Form of the statement
The Government is considering:
- Whether the statement should be:
- A standalone document, or
- Incorporated into the written statement of employment particulars (required under section 1 of the Employment Rights Act 1996).
- Whether the format should be:
- Paper-based,
- Digital (e.g. via email or employee portal), or
- Both, depending on the employer’s usual practices.
3. Manner and timing of delivery
The consultation explores when and how the statement should be delivered. Options include:
- At the start of employment (e.g. with the section 1 particulars).
- When there is a change to the employment contract.
- At regular intervals (e.g. annually or every few years).
- On request by the worker.
The goal is to balance timely awareness with administrative feasibility.
4. Frequency of re-issue
Stakeholders are asked to consider:
- Whether the statement should be reissued periodically (e.g. annually).
- Whether reissue should be triggered by specific events (e.g. promotion, change in role).
- Whether a one-time issue at the start of employment is sufficient.
The Government is weighing the benefits of reinforcement against the burden of repetition.
5. Practical implementation and burden
The consultation acknowledges the need for proportionality and seeks views on:
- How employers can meet the duty effectively without excessive burden.
- Whether model wording or templates should be provided to support compliance.
- How smaller employers and those without HR departments can be supported.
- A proposed implementation date of October 2026, allowing time for preparation and awareness-raising.
Consultation purpose
The Government is inviting feedback from employers, trade unions, workers, and other stakeholders to shape the final regulations. The aim is to ensure the new duty is:
- Clear and enforceable,
- Proportionate to employer capacity,
- Effective in raising awareness of trade union rights
Part of the forthcoming Employment Rights Act introduces a new statutory duty requiring employers to grant trade unions access to the workplace for specified purposes. The government’s consultation seeks views on the following key areas:
1. Form of request
The consultation explores how a trade union’s access request should be made, its required format, submission process, and the information needed to demonstrate legitimacy and purpose.
2. Employer response
Feedback is sought on how employers should respond, including deadlines for acknowledgment and decision-making, and whether they may refuse or negotiate terms. The consultation also invites views on what would constitute a reasonable refusal and how disputes should be resolved.
3. Dispute resolution
It is proposed that the Central Arbitration Committee (CAC) would determine whether access should be granted and under what conditions. Consultees are asked what factors the CAC should consider, such as workforce characteristics, potential business disruption, and the balance between access rights and employer interests.
4. Scope and terms of access
The consultation examines what types of access should be covered, such as physical entry to premises, digital or online engagement with workers, and the ability to distribute materials or hold meetings during working hours.
5. Enforcement and sanctions
A framework of penalties is proposed for employers or unions that breach access agreements. The government seeks views on suitable enforcement mechanisms, levels of sanctions, and whether appeal or mediation processes should be available.
For more information on the duty to inform workers of their right to join a trade union, and whether they can enter the workplace for specified purposes, see the link below:
Consultation on duty to inform workers of their right to join a trade union
To provide your view on the duty to inform workers of their right to join a trade union, and whether they can enter the workplace for specified purposes, (Closing date for consultation is 18 December 2025), see the link below:
Make Work Pay: Duty to inform workers of their right to join a trade union
Joanna Fox
Mrs Joanna Fox l CMgr FCMI, FREC, FPMA, ACIEHF, PGCert, CEBA, ACIPD, ACCA Cert, IOSH, HND Sc, Prince2, MSP & QSIR Practitioner. MSc Y2 Patient Safety and Clinical Human Factors.
