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New duty on employers to explain union rights pushed to January

New duty on employers to explain union rights pushed to January

Employers will be expected to start giving workers a written explanation of their right to join a trade union from January 2027, after ministers set out how the new duty is intended to work.

The requirement is part of the Employment Rights Act 2025. It had previously been expected to begin in October, but the latest implementation response says the new start is intended to be 1 January. The precise date will still depend on regulations, which have not yet been published.

For London, where workplaces range from small shops and hospitality businesses to large offices, schools, hospitals and transport operations, the decision gives employers more time to prepare while making the eventual process clearer. It also gives workers a clearer indication of what information they should receive once the duty begins.

A standard statement for workers

Under the planned rules, employers will have to provide a written statement containing neutral information about the right to join a trade union. Ministers plan to supply a standard version which employers will not be able to rewrite, apart from adding specified workplace information.

The statement is expected to include a short explanation of what trade unions do. It will also cover recognised unions or statutory access agreements where these apply at a workplace, alongside a summary of relevant statutory rights. Employers will need either to include a link to the official list of trade unions or to give workers a copy of that list.

The aim is for workers to be able to make an informed decision about union membership, rather than having to seek out basic information themselves. The planned wording is intended to be factual and neutral. It will not require a worker to join a union.

Different arrangements for new and existing staff

New workers are expected to receive the statement directly when they start work, alongside the written particulars that set out the main terms of their employment. That places the new information in the same part of the onboarding process as other core employment documents.

There will be more flexibility for existing workers. Employers will be able to give the statement directly, or make it available indirectly, such as through an internal system. Where an indirect method is used, the statement must remain continuously and reasonably accessible. Workers must also receive a written annual reminder telling them that it is available and where to find it.

For employers that choose direct delivery for existing workers, the proposed annual deadline is 5 April. The first requirement for the existing workforce is expected to be completed by 5 April 2027. If a workplace changes the union it recognises, changes a statutory access agreement, or changes the relevant union contact details, the statement will need to be issued again within one month. Workers must also be told if the location of an indirectly provided statement changes.

Those practical details matter for organisations with people working across several sites, on shifts, remotely or without regular access to a desk-based intranet. A central page alone will not be enough where it is not reasonably accessible, and the annual reminder is intended to ensure that the information does not simply disappear after an initial notice.

More preparation time, but further detail to come

The move to January gives businesses additional time to review induction packs, staff communications and the way they record recognised unions or access agreements. It does not remove the obligation. Instead, it shifts the timetable and sets out the broad approach before the detailed regulations and the final template are issued.

The response says the new duty is expected to sit within existing employment-law enforcement arrangements rather than creating a separate regulatory regime. That means the final regulations will be important in establishing the exact legal wording and how the new requirement operates in practice.

Workers should not assume that the January date means every detail is already final. The commencement date is described as intended, and the standard statement has yet to be published. But the direction of travel is now clear: employers will be expected to provide a regular, standardised explanation of the right to join a union, with particular rules for new starters and for the existing workforce.

For employees across London, the change is likely to be most visible when they receive their starting paperwork or an annual workplace reminder. For employers, the immediate task is to prepare systems that can deliver the statement consistently once the regulations are in place.

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