New trade union information duty – delayed until January 2027

Employers have been given more time to prepare for a new obligation to tell workers about their right to join a trade union.

The Government has confirmed that the new duty, originally expected to come into force on 30 October 2026, has been pushed back to January 2027.

But this is not one to put on the back burner. The Government has also published its response to consultation, giving employers a much clearer picture of what they will be expected to do.

What will employers actually have to do?

Once the new rules take effect, employers will be required to provide workers with a standardised statement about trade union rights. Importantly, this will not be something employers can rewrite to suit their organisation. The wording will be prescribed by regulations, although employers will be able to add certain workplace-specific information.

The statement is expected to cover:

• A brief explanation of what trade unions do
• Details of any recognised trade unions within the organisation
• A summary of workers’ statutory trade union rights

• A link to or copy of the Certification Officer’s list of trade unions.

New starters: build it into onboarding

For new workers, the statement will need to be provided directly at the same time as their written statement of employment particulars on day one of employment so this needs building into the onboarding processes, starter packs and HR systems which will all likely need to be updated ahead of the new rules coming into force.

Existing workers

The position for existing workers will be slightly different. Employers will be able to provide the statement directly or indirectly, provided workers can reasonably access it. If you provide it directly, you will need to repeat this annually by 5 April. If you make it available indirectly, for example through an accessible IT internal system, you must:

• Ensure the statement remains continuously available
• Remind workers every year where they can find it

• Tell workers directly if the location of the statement changes.

Changes to union recognition?

There is another trigger employers will need to monitor if there is a change to the identity of a recognised trade union. The statement will need to be reissued within one month. That means this cannot simply be treated as a once-a-year HR compliance exercise. Employers will need to ensure it has review periods in place.

What should employers do now?

January 2027 may sound some way off, but preparation should start before the new duty lands. The delay gives some breathing space but we advise the following to be considered now to ensure you are ready for the change;

• Reviewing onboarding and written particulars processes

• Deciding how the statement will be communicated to existing workers

• Checking whether HR systems or employee portals can support continuous access

• Flag the annual 5 April requirement into the HR compliance calendar

• Identifying who will be responsible for monitoring changes to union recognition

Employers that build the new requirement into onboarding, annual HR processes and internal communications before January will be in a far stronger position when the duty becomes mandatory. If you have questions about the new duty or how it will affect your HR processes, our employment team can help. Get in touch by emailing employment@backhouses.co.uk.