Note that this applies to the Employment Rights in Great Britain and does not include provisions relevant to Northern Ireland.
Currently, employers have obligations regarding trade union membership including:
- Allowing trade union membership;
- Not using trade union membership as a means for dismissing an employee or treating them unfairly because of membership; and
- Refusing to employ an employee because of trade union membership
However, there is no statutory obligation on the employer to advise an employee that a trade union exists. Part 4 of the Employment Rights Bill will change this and amongst other trade union reforms, employers will have a statutory obligation to inform workers of their right to join a trade union at the start of their employment and ‘regularly’ afterwards. Note that this provision extends to workers rather than just employees. The UK Government have said that the intention to increase trade union membership, thereby allowing ‘a more level playing field for workers’.
On 23 October 2025, the UK Government issued a consultation in this regard entitled ‘Duty to inform workers of their right to join a trade union’. This duty will apply to all employers regardless of whether they recognise a trade union. The consultation will shape the form of secondary legislation (Regulations) that will prescribe the details of this new statutory obligation on employers and seeks views on the following:
- The content of the statement – i.e. the details that should be included in the statement to ensure it is clear and useful to workers;
- The form of the statement – i.e. whether this should be a standard one produced by the UK Government or should it be employer-drafted;
- The delivery of the statement – i.e. whether this should be part of the contract / terms and conditions or whether it can be made available ‘indirectly’, for example on staff notice boards, intranets etc. This section of the consultation is important considering the obligation will apply to new and existing employees and the fact that some employers may not have indirect ways in which they can make this available; and
- The frequency of delivering the statement to workers – i.e. considering that there will be an on-going obligation to inform workers of the right to join a trade union, how often should the employer communicate this to workers (six-monthly, annually etc)?
There is also another section for additional comments on this new duty to inform workers of their right to join a trade union. This may be useful for micro, small and medium employers where this obligation may represent a cost burden.
The consultation closes on 18 December 2025 and there are two ways in which to respond:
1. Online - https://ditresearch.eu.qualtrics.com/jfe/form/SV_6PD5vWZHxXpsrxc
2. By E-Mail – to tradeunionpolicy@businessandtrade.gov.uk
For Bookkeepers
The duty to inform workers of their right to join a trade union seems to be a significant administrative burden particularly for micro and small employers. Consider that members will frequently process the payrolls for these types of employers, relieving them of this obligation. This is an obligation under employment law, something not usually within the remit of bookkeepers.
Therefore, ICB encourages members to respond.
The UK Government’s ‘Implementation Roadmap’ says this new statutory obligation will be implemented in October 2026, so this consultation is our opportunity to shape the secondary legislation that will impose this duty.
