The UK Employment Rights Act 2025: Duty to inform workers of their right to join a trade union
Government publishes consultation response – what employers need to know
September 25, 2026
The UK Employment Rights Act 2025: Duty to inform workers of their right to join a trade unionGovernment publishes consultation response – what employers need to knowSeptember 25, 2026 Why I should read this?The Employment Rights Act 2025 includes a new requirement on employers to provide a statement to new and existing workers of their rights to join a trade union. What do I need to know?The details of the new duty will be set out in further regulations. However, the headline terms are as follows: Form
Content
Delivery and Frequency
Enforcement
What should I do?Although the delay in implementation date is to be welcomed, employers should start preparing for the changes now. Employers should also map all recognised trade unions and any unions with statutory access agreements, identifying the staff groups, grades and locations they cover, and obtaining current contact details for each union (not named individuals). Processes should be established / reviewed to help identify any changes to the identity of a recognised union, union holding a statutory access agreement, or their contact details, given the requirement to provide an updated statement within a month of such changes. Managers and HR teams should be trained on the new duty and the importance of remaining neutral. Conduct that could be seen as being discouraging trade union membership could give rise to a separate trade union membership detriment claim. Employers should monitor for the publication of the final regulations, the standardised template and any non-statutory guidance. Once the final form is confirmed, employers will need to act quickly. Latest Insights
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