Government consults on detail of new duty to inform workers of right to join a trade union


3 mins

Posted on 29 Oct 2025

Government consults on detail of new duty to inform workers of right to join a trade union

Key Points

  • The Government wishes to raise workers’ awareness of their right to join a trade union.
  • The Employment Rights Bill will introduce a new duty on employers to inform workers of their right to join a trade union by providing them with a written statement of the right. The statement will have to be provided at the start of employment and at other prescribed times.
  • The Government has issued a consultation seeking views on the form and content of the statement, the manner in which it should be delivered and how frequently it must be reissued after the beginning employment.

Content

The Government proposes that the statement should include:

  • A brief overview of the functions of a trade union
  • A summary of the statutory rights trade union members have, such as the right not to suffer a detriment based on their decision to join or not join a trade union
  • A list of all trade unions the employer recognises (if any)
  • A signpost to a GOV.UK page with a list of current trade unions.

Form

The Government’s preferred approach is for it to provide a standard form of statement for employers to issue to workers, with employers adding only workplace-specific details such as which trade unions they recognise. The alternative would be that the employer drafts its own statement (which would still have to include the required content), in which case the Government proposes to provide a model statement to help employers with the drafting. The Government is concerned that the latter approach carries a risk that the information may not be provided in a neutral way and could lead to inconsistent quality and accessibility of information across businesses.

Manner of delivery

The Government proposes that employers should provide new workers with the written statement directly alongside the statement of employment particulars provided at the start of employment, rather than allowing employers simply to post the statement on a notice board, staff portal or the intranet (which could be more easily missed).

On subsequent occasions, the Government proposes that employers should be able to provide the statement either directly (for example, by email or letter) or indirectly (for example on the intranet) in which case the employer would have to make the statement continuously available and ensure workers have reasonable access to it (but they would not be required to regularly remind workers of the statement). The Government seeks views on whether the statement(s) should be provided directly, indirectly or indirectly with reminders.

Frequency

If statements are delivered directly, or indirectly with reminders, the Government is considering whether they should be delivered every six months, annually (its preference) or whether frequency should be dependent on sector or employer size.

You can view the consultation here and responses are required by 18 December 2025.

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Russell Dann

Russell is an experienced Senior Associate and qualified as solicitor in 2013. Prior to joining Doyle Clayton, Russell spent his entire legal career in leading employment law teams in London and Reading.

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