Trade Union Duty: Use the Extra Time Wisely

Employers now have until 1 January 2027 to prepare for the new requirement to tell workers about their right to join a trade union. The original October 2026 start date has been moved back, and the Government’s consultation response sets out in some detail how the duty will operate. For care providers, now is a sensible time to work out who will do what and how it will be recorded.

How the duty will work

The Government will write the statement itself, and employers will only be able to add information that applies to their own workplace. Alongside it, workers must be given either a copy of the Certification Officer’s list of trade unions or a link to it. If a union is recognised in your organisation, you will also need to set out the key facts of that recognition arrangement.

When and how the statement reaches people depends on who they are:

• New starters: receive it at the same time as their written statement of employment particulars.
• Current staff: either receive it personally once a year, or are told where it is kept and reminded of it annually.
• After a change in recognised unions: everyone must be given an updated version within one month.

Getting ready in your service

The duty itself is fairly simple. What catches providers out is the admin around it, particularly where recruitment is constant and staff are spread across sites or rotas. A few areas are worth looking at before the new year:

• Adding the statement to your recruitment and induction pack so no new starter is missed.
• Choosing between personal delivery and signposting for existing staff, and agree where the document will live.
• Setting up a yearly reminder and keep a record showing it went out.
• Noting any recognition agreements you have, and name someone responsible for issuing updates within the one month deadline.
• Adding this into your overall Employment Rights Act action plan instead of treating it as a separate task.

Several more employment law changes are due over the coming months. Providers that deal with smaller duties like this one early will have more capacity when the bigger reforms arrive.

Our team can help you review your contracts, induction materials and HR procedures ahead of the changes.