Duty to inform workers of their right to join a trade union has been delayed until January 2027

For those of you thinking that you had enough to contend with this October (ALL reasonable steps to prevent harassment & preventing third party harassment for starters) you might be pleased to know that on Friday the Government announced that the duty to inform workers of their right to join a trade union has been delayed until January 2027.

For the organised types that already have wording and plans in place (which given the late announcement to the delay is likely to be many organisations) your hard work is likely to need adjustment as the Government also published their response to the public consultation giving some much needed guidance.

Notably in relation to the format of the information to be provided to employees:

• There will be a standard statement that employers are required to issue.  No amendments (save for specific workplace information) will be allowed.  The wording of the statement will be set out in regulations.
• Employers must include a link to the Certification Officer’s list of trade unions or provide a copy of the list.
• The statement must include:
  • a summary of statutory rights;
  • an explanation of trade union functions;
  • a list of any recognised trade unions together with information about them; and
  • where applicable, information on statutory access agreements.

AND when and how that information must be provided:

• For new hires the statement must be provided at the same time as a s1 statement of written particulars of employment.
• For existing workers the statement can be provided directly or indirectly (i.e. via a handbook, link etc.) but must be reasonably accessible.
• Employers must either:
  • Where employees are informed directly – repeat the provision of the statement annually before 5 April.
  • Where employees are informed indirectly – the statement must be available continuously and an annual reminder of where it can be found must be sent.
  • If the location of the statement (when delivered indirectly etc.) changes, employees must be notified.
  • Where recognised unions change or there is a change to statutory access agreements the statement must be reissued within one month of the change taking effect.

What would be useful now would be the regulations so that employers know the information to be provided.  Let’s hope that is not quite so last minute!

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