The Government has delayed the introduction of the requirement that employers must notify all workers of their right to join a trade union. This was due to take effect from October but has been pushed back to January 2027. This gives employers more time to prepare.
Alongside the announcement about the delayed implementation, the Government also confirmed a number of important practical details about how the new requirement will operate.
Content of the Statement
The written statement will not only provide confirmation of the right to join a trade union, but will also include a brief explanation of what trade unions do, details of any recognised trade unions in your workplace and/or statutory access agreements and a summary of statutory rights. This is a bit more detail than had been anticipated and will require updating as and when any new recognition or access is agreed.
As expected, the Government will provide a standardised statement for employers to use. Employers will need to add details about their workplace and either include a link to the Certification Officer's list of trade unions within the statement, or provide a copy of the list alongside it.
How it must be provided
1. New Workers
Employers must provide the statement directly to new workers alongside their written statement of employment particulars.
2. Existing Workers
For existing workers, employers may use either direct or indirect methods, provided workers can access the information easily. Where employers use indirect methods, workers must be told where to find the statement and sent a reminder each year.
3. Annual Requirements
Where the statement is provided directly to existing workers, this must be done every year by 5 April. If an indirect method is used, employers must ensure workers can access the statement at all times and must send an annual reminder explaining where to find it.
4. Changes to Workplace Arrangements
Where there are subsequent changes to either the identity of a recognised union or an access agreement, the statements must all be updated and reissued within one month of the change.
Key Dates
- New workers must receive the statement from January 2027.
- Existing workers must receive it by 5 April 2027.
- The requirement must then be repeated each year.
Whilst employers may still be keen to prepare, we need to wait and see what the prescribed wording is before preparing any draft documents.
