- with readers working within the Chemicals industries
On 23 October 2025 the UK Government published four consultation papers on aspects of the Employment Rights Bill (the 'Bill'), including a consultation on the duty to inform workers of their right to join a trade union. We consider below what the consultation paper tells us about the Government's intentions once the new law is in force.
The Bill will introduce a new duty on employers to give workers a written statement informing them of their right to join a trade union. The Government intends this duty to be brought into force by October 2026.
The Government considers that a lack of awareness amongst workers of their right to join a trade union is contributing to a decline in trade union membership. The new duty is intended to address this issue, with a view to increasing trade union membership and establishing a more level playing field for workers.
Currently, employers are not required to tell workers that they have a right to join a trade union. The Bill will require employers to give workers a written statement advising that they have this right. The statement must be given: (a) at the same time as providing the worker's statement of employment particulars; or (b) at other prescribed times (which will be set out in secondary legislation).
The consultation seeks views on the following:
- the content of the statement;
- the form the statement should take;
- the manner in which the statement must be delivered; and
- the frequency with which the statement must be reissued after the beginning of employment.
As set out in the consultation paper, the Government proposes that the statement should include: a brief overview of the functions of a trade union; a summary of statutory rights in relation to union membership; a list of all trade unions that the employer recognises (if any); and a signpost to a GOV.UK page with list of trade unions. It envisages a neutral, factual document.
In relation to the form of the statement, the Government proposes a standard written statement that employers would issue, adding only workplace-specific details such as which trade unions are recognised by the employer. This is intended to reduce the administrative burden on employers while helping to ensure a clear, accessible statement is delivered to all workers.
The Government proposes that the statement be delivered: (a) directly to new workers alongside the statement of employment particulars; and (b) to existing workers through direct or indirect methods (in order to give employers the flexibility to choose the approach that suits them). In relation to the latter ((b)), the Government proposes that the statement provided through direct methods (e.g. email) should be delivered annually to existing workers.
The new duty will be enforced in the same way as the existing requirement to provide a statement of employment particulars. Workers will not be able to bring a standalone claim in the Employment Tribunal, but if they succeed in another claim, breach may result in an award of between two and four weeks' (capped) pay.
Comment
On 22 May 2025, the Department for Business and Trade published statistics, which reported that the proportion of UK employees who were trade union members fell to 22% in 2024. This represents the lowest union membership rate on record among UK employees.
It is apparent that the Government is committed to reintroducing unions into the modern workplace on a scale not seen in decades. The new duty to inform workers of their right to join a trade union should be viewed in tandem with the new right of qualifying trade unions to access workplaces (see here and here). Given the statistics above, however, it is debatable whether there is an appetite for this in the modern workplace. Smaller employers in particular may consider it undesirable that unions are interposed between them and the workforce.
The new duty will impose an additional burden on all employers, including the smallest of businesses. If, as currently proposed, the statement is standardised (with employers only adding workforce-specific details), compliance should not be too onerous - but employers will nonetheless need to take steps to ensure they comply (e.g. by including the statement with all statements of employment particulars).
The consultation closes on 18 December 2025. If you have any views that you would like the employment team to express on your behalf during the consultation exercise, please don't hesitate to get in touch. If you would prefer to respond directly you can do so using this link.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
