UK Employers Must Now Inform Employees of Their Right to Join a Trade Union

As part of the sweeping reforms introduced by the Employment Rights Act 2025, UK employers are now required to inform employees and workers of their legal right to join a trade union. This obligation applies to employers across England, Wales and Scotland and comes into effect in October 2026. This article sets out what informing employees of their right to join a trade union involves in practice, what the written statement must include, when it must be provided, and what steps employers should be taking now.

What Is Changing? New Employer Obligations to Inform Workers of Trade Union Rights

Alongside the multitude of changes the new Employment Rights Act 2025 introduces is a new obligation employers face from October 2026: the duty to provide all workers with a written statement informing them of their right to join a trade union.

Currently, employers in the UK have no legal duty to tell workers about their right to join a trade union. They cannot prevent workers from joining a union but do not have to actively inform them of their rights to do so. This will change when the new requirement comes into force. The Government introduced this measure to increase awareness of trade union rights and address declining union membership across England, Wales and Scotland.

When Must Employers Provide the Written Statement About the Right to Join a Trade Union?

Employers will need to give workers the written statement about their right to join a trade union:

• At the start of employment, alongside the statutory statement of employment particulars (the Section 1 statement)
• At other prescribed times. The Government is still consulting on how frequently this should happen after the start of employment, though annual provision is anticipated.

What Must the Trade Union Written Statement Include?

While the precise content requirements are not yet fully confirmed, consultation indicates the statement is likely to cover:

• A brief overview of what trade unions do
• A summary of statutory rights for trade union members (such as protection against detriment for joining or not joining a union)
• A list of any trade unions the employer recognises (if applicable)
• A signpost to the GOV.UK page listing current trade unions

The Government has suggested providing a standard form statement, with employers adding only workplace-specific details such as which unions they recognise.

How Should the Written Statement Be Delivered to Employees?

The preference is for employers to inform workers at the start of their employment, likely within the employment contract itself. The need to inform workers on an ongoing basis, expected to be annual, will likely be met via an internal memo or email, or by making the statement readily available on a company intranet.

What Are the Consequences for Employers Who Fail to Comply?

It is understood that a failure to provide the written statement will not in itself give rise to a claim. However, if a worker brings a successful claim to an employment tribunal for another reason, the tribunal can award an additional 2 to 4 weeks' capped pay if the employer was in breach of this obligation at the time the claim was brought. This could therefore increase awards given at the tribunal.

Small Employer Exemption: Does It Apply to Your Business?

There is a potential exemption for smaller employers, specifically those with fewer than 21 workers. It is important to note that this threshold refers to workers broadly, not just employees in the strict legal sense. The category of workers is wider and includes individuals who work under a contract personally to perform services, even where they are not employees. This exemption has not yet been confirmed in the legislation, and employers should not assume it applies to their business without first taking specific legal advice.

What Should UK Employers Do to Prepare?

• Review your recruitment processes: plan how you will incorporate the new written statement into your onboarding procedures
• Ensure you are ready: consider developing a standard statement tailored to your workplace, ready for implementation, and obtain legal advice to ensure the statement is compliant with the new legislation in good time
• Plan ongoing provision: decide how you will provide the statement to existing employees at prescribed intervals, whether by email, internal memo or company intranet

Conclusion

This change is part of a wider package of employment law reforms under the Employment Rights Act 2025. Employers across England, Wales and Scotland should be aware that the landscape for trade union engagement and the general rights of employees is shifting significantly, and should ensure they are prepared in good time for these changes.

If you need guidance on informing employees of their right to join a trade union, or have questions about your obligations under UK employment law, our employment law team is here to help.