The Government has pushed back the implementation date of the new duty to inform workers of their right to join a trade union to 1 January 2027, rather than 30 October 2026 as originally planned.
Following a consultation, the Government has also now provided some much needed clarity on how employers can comply with the new duty, in readiness for January 2027.
We explore the duty in more detail below…
What information must be provided?
- The Government will provide a standardised written statement for employers to issue to workers, providing clear, neutral information for workers to understand their right to join a union. It will cover union functions, recognised unions and those with statutory access agreements (where applicable), the Certification Officer's list (or a link to it), and statutory rights relating to union membership.
- The statement can only be amended to add specific workplace information.
Who does the information need to be given to and when?
New workers
- The statement must be provided directly to new workers with their written statement of particulars, which in most cases will be their contract of employment.
Existing workers
- The statement can be delivered directly or indirectly, but if delivery is indirect it must be reasonably accessible.
- If the statement is provided directly to existing workers, this must be repeated annually by 5 April.
- If the statement is provided indirectly to existing workers, the statement must remain continuously accessible, with workers receiving an annual reminder of where it can be found. Any change in location must be notified to workers directly.
- The statement must be reissued within one month of any change to the identity of a recognised trade union or a statutory access agreement.
Matthew Potter comments:
The delayed implementation date for this new duty will be welcomed by employers, as it gives them time to prepare for the changes. Employers will need to ensure they have effective systems in place to enable them to issue the required statements to new and existing workers.
If you would like advice on preparing for the new duty or reviewing your organisation’s employment documentation and procedures, please contact a member of the Howes Percival Employment Team.
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