Telling Workers About the Right to Join a Trade Union
From October 2026 employers will have a new duty to tell workers, in writing, that they have the right to join a trade union. It is one of a set of trade union changes arriving at the same time.
The duty is straightforward, but it touches documents you issue to every worker, so it is worth getting the wording and timing right.
This guide explains the written statement duty, the wider union access changes, and what to update.
The New Written Statement Duty
Section 58 of the Employment Rights Act 2025 inserts a new duty into the Trade Union and Labour Relations (Consolidation) Act 1992. Employers must give each worker a written statement that they have the right to join a trade union.
The statement must be given at the same time as the worker's written statement of particulars, and at other times to be set out in regulations. The exact content and format will also come from regulations, so confirm the detail before you finalise your template.
Strengthened Union Right of Access
Alongside the statement duty, trade unions gain a strengthened right of access to workplaces, both physical and digital. The purpose is to let unions meet, represent, recruit and organise workers and support collective bargaining.
There are also new protections and facilities for trade union representatives, and an updated Code of Practice on union recognition is expected at the same time.
What to Update
- Your written statement of particulars or offer pack, to include the right-to-join statement.
- Induction materials, so new starters receive the statement at the right time.
- Staff handbooks, to reflect the union access and representative provisions.
- Any template contracts, so the statement is issued consistently.
Union Duties at a Glance
| Change | Detail |
|---|---|
| Written statement | Tell each worker, in writing, of the right to join a union |
| Timing | With the written statement of particulars, and at other prescribed times |
| Union access | Strengthened physical and digital right of access |
| Representatives | New protections and facilities for union reps |
| From | October 2026 |
How Policy Pros Can Help
We update your written statements, offer packs, induction materials and handbooks so the new union duty is built in and issued at the right time. Our HR policies and procedures and employee handbook services cover the documents this touches.
See the October 2026 checklist for the wider wave. The official position is in the GOV.UK timeline and the Acas Employment Rights Act 2025 hub.
Frequently Asked Questions
What is the new duty to inform workers about trade unions?
From October 2026, section 58 of the Employment Rights Act 2025 requires employers to give each worker a written statement that they have the right to join a trade union. It is delivered with the worker's written statement of particulars and at other times set out in regulations.
When must we give the trade union statement?
At the same time as the worker's written statement of particulars, and at other prescribed times to be confirmed in regulations. In practice that means building it into your offer pack, contract template and induction process.
What are the new union access rights?
Trade unions gain a strengthened right of access to workplaces, both physical and digital, to meet, represent, recruit and organise workers and support collective bargaining. There are also new protections and facilities for union representatives.
Which documents need updating for the union duty?
Your written statement of particulars or offer pack, induction materials, staff handbook and any template contracts. The right-to-join statement needs to be issued consistently and at the right time.
Does the union statement duty apply to all employers?
Yes. The duty to inform workers of the right to join a union applies regardless of size or whether a union is recognised. Every worker is entitled to receive the written statement.
