The new duty on employers to provide workers with a written statement informing them of their right to join a trade union is now intended to come into force on 1 January 2027 (rather than on 30 October 2026 as originally planned).
The government has set out how the duty will work:
A standard statement: Employers must use a government-prescribed, neutral statement (yet to be published). They cannot change the wording, other than to add workplace-specific details such as any recognised unions, the staff groups they cover and unions with access agreements.
New workers: The statement must be given when employment begins, alongside the written statement of employment particulars.
Existing workers: The statement can be given directly or made available on an intranet or noticeboard, either way by 5 April each year. If it is made available on an intranet or noticeboard, workers must also get a direct annual reminder. The first deadline is 5 April 2027.
Updates: The statement must be reissued within one month of any change to the unions that are recognised or have access agreements.
Enforcement: Workers cannot bring a standalone claim for a failure to provide the statement. However, a tribunal may award two to four weeks' pay as additional compensation where another claim succeeds.