At the end of October 2025, the government published a consultation paper concerning proposals in the Employment Rights Bill (now the Employment Rights Act as it was passed by Parliament in December 2025) regarding trade union matters. The consultation addresses the duty on employers to inform workers of their right to join a trade union.  

What’s been proposed? 

Although the new duty is included in the Act and therefore is now law, the government hasn’t set out the full details of how it will operate. They published the consultation to set out a range of options and determine the reaction from stakeholders.  

At the moment, employers don’t have to tell their employees about this right. The government is concerned that this could lead to reduced worker engagement in collective bargaining. The duty means employers will have to provide a written statement to workers, letting them know about their right.   

Who contributed to the consultation?  

The government sought input from a wide variety of contributors including:  

  • Businesses 
  • Trade unions 
  • Business groups or representatives 
  • Consumers 
  • Non-governmental organisations 
  • Members of the public 

What should be in the statement? 

Opinions have been sought on what the statement should say, how it should be given and how often the statement should be delivered.  

Statement content  

The government is considering what particular detail should be included in the statement to ensure that it’s clear and genuinely useful to workers. Its opinion is that the statement should include the following information:  

  • A brief overview of the functions of a trade union, their role in representing workers and negotiating with employers on pay, terms and conditions, and in the event of redundancies.  
  • A summary of the statutory rights in relation to union membership, including that workers should not suffer any detriment based on their decision to join – or not – a trade union.  
  • A list of all trade unions that the employer recognises (if any). This would help workers to identify which trade unions have established collective bargaining arrangements with their employer.  
  • A signpost to a GOV.UK page with list of trade unions. This would help workers to find out which trade unions they could join, if they wish to do so.  

What the statement should look like 

The government is considering whether it should be a standard statement provided by government, or drafted by employers in line with the content requirements. Its preference is for a standard statement that employers would use, adding workplace-specific details. This would reduce administrative burdens on employers and help ensure a clear and accessible statement is delivered to all workers.  

How the statement should be delivered to workers/employees 

The government believes it should be delivered directly to new workers alongside their statement of employment particulars (a written statement which summarises the main terms of employment, such as pay and working hours). This means they will be aware of their right when they start their job; it will also make things easier for employers as well.  

For existing workers, the government proposes that employers should be able to deliver the statement through indirect or direct methods. This gives employers the flexibility to choose the approach that works best for them.   

How often should the statement be delivered? 

There are three main options: delivery every 6 months, annually or a sector-specific frequency. The government proposes that the statement provided through direct methods should be delivered annually to existing workers.  

What happens next? 

The consultation closed on 18th December 2025. The government will now look at the responses it’s received and consider them before publishing its response.  

Responses to the consultation will, in part, determine the direction and shape of secondary legislation, which is needed to implement the duty by October 2026.