Your right to join a trade union, and the statement your employer must give you from January 2027

Updated 28 September 2026

The government set out how the new duty will work on 25 September 2026. Here is what the statement will contain, when you should get it, what happens if you do not, and the protections you already have whether or not your workplace has a union.

What did the government decide on 25 September 2026?

The government published its response to the consultation on the duty to inform workers of their right to join a trade union. The consultation ran from 23 October to 18 December 2025 and received 307 responses. Nearly half came from employers (143), followed by individuals (69), business groups (36) and trade unions (25).

The duty comes from section 58 of the Employment Rights Act 2025, which adds a new section 136A to the Trade Union and Labour Relations (Consolidation) Act 1992. It says an employer must give each worker a written statement that the worker has the right to join a trade union, at the same time as the written statement of employment particulars and at other times set by regulations. It covers workers, not only employees. So far it is in force only so that those regulations can be made.

The 27-page response sets out what the regulations will say, and that the duty is expected to come into force in January 2027. Its summary on gov.uk gives 1 January 2027 as the intended date, but no commencement regulations for it have been made yet.

The main decisions:

• One standard statement. The government will write it. Your employer cannot change the wording, only add facts about your workplace, though it can share other information separately.
• New workers get it directly, at the start of the job, alongside the written statement of employment particulars.
• Existing workers get it by 5 April 2027, either directly or by being told where it is posted.
• Every year after that, by 5 April: either a fresh copy, or a direct written reminder of where to find it.
• Enforcement will run through the existing Employment Act 2002 route, not a new regulator.

What will the statement say?

The response says the statement will be clear, neutral and factual, and will make clear that you have the right to choose whether or not to join. It will contain:

1. a brief overview of what trade unions do;
2. a summary of your legal rights in relation to union membership;
3. the name and contact details of any union your employer recognises, and which staff groups, grades or locations it covers if it does not cover everyone;
4. the name and contact details of any union that has a statutory access agreement at your workplace;
5. a link to the Certification Officer's list of trade unions, or a copy of that list handed over with the statement;
6. a note that unions may charge a membership fee, and that the statement is not a complete account of the law.

The contact details should be the union's own, not a named rep's, so the statement is less likely to go out of date when someone changes role.

Consultation responses were split on who should write it. Half (50%) wanted a standard government statement, and 28% wanted employers to draft their own. The government chose a single standard text because it gives every worker the same neutral information and supports compliance, particularly for employers with limited HR capacity. It says it will keep talking to Acas as the wording is finalised.

The Certification Officer is the independent official who keeps the statutory list of trade unions. Being on that list is not the same as being recognised at your workplace: you can join any union whose rules let you in, whether or not your employer deals with it.

When will you get it?

If you start a new job once the duty begins

You should receive the statement directly, for example by email, in person or by post, at the same time as your written statement of particulars, which your employer already has to give you on or before your first day. The government chose the start of the job because that is when clarity about your rights matters most, and because it fits into the paperwork employers already send.

If you are already in a job

Your employer must deliver the statement to you by 5 April 2027. It can do that in one of two ways:

• Directly, for example by email or a letter, and then again by 5 April every year; or
• Indirectly, for example on the intranet or a staff noticeboard. The statement must then stay continuously and reasonably accessible to you all year, you must be told where it is, and you must get a direct written reminder of where to find it by 5 April each year.

When something changes

• If a union is newly recognised or derecognised, a union's access agreement starts or ends, or a union's contact details change, your employer must issue an updated statement within one month.
• If the statement is posted indirectly and moves, your employer must tell you directly and in writing where it has gone, within one month.

The response says guidance will encourage employers to think about workers without regular digital access and people who need information in another format.

What if your employer does not give it to you?

There will be no new inspector and no standalone fine. The response says the government intends the duty to operate within the existing enforcement framework in the Employment Act 2002. The government's impact assessment explains what that means: it works in the same way as a failure to give you a written statement of employment particulars, under section 38 of the Employment Act 2002.

In practice:

• You cannot bring a tribunal claim about the missing statement on its own.
• If you win another claim listed in Schedule 5 to the 2002 Act, such as unfair dismissal, unlawful deductions from wages or a union detriment claim, and the employer was still in breach of the duty when you brought it, the tribunal must award two weeks' pay on top, and can make it four weeks' pay if that is just and equitable. It can skip the award only in exceptional circumstances.
• A week's pay is capped, at £751 from 6 April 2026, so the extra is currently at most £1,502, or £3,004 at the higher rate. The cap usually rises each April.

The change to section 38 that brings the new statement into this scheme is part of section 58 and is not in force yet either. The impact assessment expects the duty to show up mainly as an add-on to claims people were bringing anyway. So the practical value of the statement is in what it tells you, not in the sanction.

What rights do you have as a union member now?

The new statement will summarise rights that already exist, mostly in the 1992 Act. You do not have to wait for 2027 to rely on them. The gov.uk guide to trade union membership rights puts the basics simply: you can join or not join, leave or stay, belong to the union you choose even if your employer negotiates with a different one, and belong to more than one.

• Getting the job. It is unlawful to refuse you employment because you are, or are not, a union member, or because you will not agree to join or leave one. That includes job adverts limited to members or non-members, and employment agencies (section 137).
• Offers to give it up. Your employer must not make you an offer whose main purpose is to get you to leave a union, stay out of one, or stop taking part in its activities (section 145A).
• Being treated worse. As a worker, you have the right not to suffer a detriment, such as being passed over for promotion or training, where your employer's sole or main purpose is to stop or punish you for joining an independent union, or for taking part in its activities or using its services at an appropriate time (section 146). An appropriate time means outside working hours, or during them with your employer's agreement. Your employer has to prove what its purpose was.
• Dismissal. Dismissing an employee because of union membership, activities or non-membership is automatically unfair (section 152), and so is choosing them for redundancy for those reasons (section 153). No qualifying period applies, and the basic award is normally at least £9,157 before any reductions. If you were dismissed, rather than selected for redundancy, you can also ask a tribunal for interim relief, an order that keeps your contract going until the case is decided, but you must apply within seven days of the dismissal, and for membership or activities a signed certificate from your union must also reach the tribunal within those seven days.
• A companion at hearings. At a disciplinary or grievance hearing you can bring a union official or a colleague, under section 10 of the Employment Relations Act 1999. The union does not have to be recognised by your employer.
• Time off. Where a union is recognised, its officials get paid time off for their union duties, and members get reasonable unpaid time off for union activities (sections 168 to 170).
• Subs from your pay. Your employer cannot take union subscriptions from your pay without your written permission, and must stop as soon as it can if you ask in writing.

Most of these claims must be brought within three months of the act you complain about, or of the date your employment ended if you were dismissed, or six months where that date is on or after 1 October 2026. You must start Acas early conciliation before that deadline. Interim relief has its own seven-day limit, which early conciliation does not pause, and you can apply without going through Acas first, so move fast if you are dismissed. Our page on the unfair dismissal time limit explains how the clock runs.

What is a recognised union, and what is an access agreement?

A union is recognised when your employer negotiates with it on pay and conditions for a group of workers, known as a bargaining unit. Recognition is usually agreed voluntarily. If an employer with at least 21 workers refuses, the union can apply to the Central Arbitration Committee for statutory recognition, and since 6 April 2026 a recognition ballot needs only a majority of those voting, without the old requirement that 40% of the whole group vote yes. Where a union is recognised, the statement will name it and say which staff it covers.

A statutory access agreement is new. Section 59 of the 2025 Act will let an independent union ask for access to a workplace, in person or by communicating with the workers there, to meet, represent, recruit or organise them and to support collective bargaining, but not to organise industrial action. Disputes go to the Central Arbitration Committee. The government's implementation timeline puts the stronger right of access on 30 October 2026. Where a union has an access agreement at your workplace, the statement will name it and give its contact details.

Why the government is doing this

The impact assessment gives the background. In 2024, 22.0% of UK employees were union members, the lowest rate since records began in 1995, when it was 32.4%. It cites the Skills and Employment Survey 2024, which found that around 36% of workers in non-unionised workplaces would vote to set up a union if there were a ballot, with another 32% undecided. The government's view is that lack of awareness is part of the reason membership is low.

It estimates the cost at under £50 a year for most of Great Britain's roughly 1.46 million employers. Some respondents questioned whether the duty was needed at all, and said recruiting members should stay the unions' job. The government's answer is the neutral, standard wording: the statement informs, and the choice stays with you.

What should you do now?

• If you want to join a union, you can now. The TUC's union finder shows which unions cover your job or sector, and the Certification Officer keeps the official list of trade unions. Membership usually carries a fee.
• Find out if your workplace has a recognised union. Ask HR, check the staff handbook, or look for union notices. If there is one, its reps can tell you whether you are eligible to join.
• Keep your paperwork. From January 2027, the statement should come with your written statement of particulars. If it does not, ask for it in writing and keep a copy of the request.
• If you are treated badly because of a union, write down what happened and when, and check your deadline with our tribunal deadline calculator.

The duty is one of a group of trade union changes in the Employment Rights Act 2025. Our overview of the Employment Rights Act changes tracks the dates as they are confirmed. This page covers England, Wales and Scotland. It is general information, not legal advice: for your own situation, speak to Acas, a solicitor, or a union.