New Duty to Inform Workers of Their Right to Join a Trade Union Delayed

New Duty to Inform Workers of Their Right to Join a Trade Union Delayed Until January 2027

The Government has now published its response to the consultation on the new duty requiring schools and academies to provide workers with information about their right to join a trade union.

This is a significant update for schools and academies. Many had expected the duty to take effect on 30th October 2026, alongside the new trade union right of access provisions. However, the Government has confirmed that the duty to provide information about trade union membership rights is now expected to come into force in January 2027.

For schools, academies and trusts, this means there is a little more time to prepare, but schools and academies should still begin considering how they will meet the new requirements.

What is changing?

The new duty will require schools and academies to provide workers with a written statement explaining their right to join a trade union.

The Government intends to standardise the statement, meaning schools and academies will not need to draft their own version from scratch. Instead, the statement will be issued in a prescribed format, with schools and academies only needing to add certain workplace-specific information.

What information will need to be included?

The statement is expected to contain clear, factual and neutral information, including:

• A brief explanation of the role and functions of trade unions.
• Information about any recognised trade unions in the workplace, where applicable.
• Information about any statutory access agreements, where applicable.
• Details of the Certification Officer's list of trade unions.
• A summary of workers' statutory rights relating to trade union membership.

Employers will also need to provide access to the Certification Officer's list of trade unions, either by including a link within the statement or by providing a copy alongside it.

When must workers receive the information?

For new workers, the statement will need to be provided at the start of employment, alongside the written statement of employment particulars.

For existing workers, employers will have more flexibility. The information can either be provided directly to workers or made available through an indirect method, such as an intranet or other accessible internal resource.

Where an indirect approach is used, employers will be required to:

• Keep the information continuously available and reasonably accessible.
• Provide an annual written reminder explaining where the information can be found.

Annual requirements

The Government has confirmed that employers who choose to issue the statement directly will be required to provide it to workers by 5th April each year.

Employers using indirect methods will instead need to ensure the information remains available and that annual reminders are issued.

When will information need to be updated?

The statement will need to be updated and reissued within one month where there are changes to:

• Recognised trade unions.
• Trade unions with statutory access agreements.
• Relevant trade union contact details.

Where information is made available indirectly and its location changes, workers must also be informed of the new location within one month.

Key dates for schools and trusts

At present, the expected timetable is:

• January 2027: New duty comes into force.
• From commencement: New workers must receive the statement when they join.
• By 5th April 2027: Existing workers must have received the required information.

What should schools and trusts be doing now?

Although the duty is not expected to take effect until January 2027, schools and trusts may wish to start considering:

• Whether they recognise any trade unions.
• How information will be provided to existing workers.
• Whether existing onboarding processes will need updating.
• Who will be responsible for keeping information accurate and up to date.
• How evidence of compliance will be recorded and retained.

As with a number of recent Employment Rights Act reforms, the practical challenge is often less about understanding the requirement itself and more about ensuring that appropriate systems, records and review processes are in place.

Want to know more?

This change is covered in Episode 6 of our Employment Rights Act webinar series, where we explore the proposed duty to inform workers of their right to join a trade union and the wider package of trade union reforms.

We will continue to monitor developments and provide further updates as the draft regulations and final Government statement become available