Informing Employees of Their Right to Join a Union: What Employers Must Do

Trade union legislation is set to change significantly over the next few years, and one of the lesser-known developments could affect every employer across the UK.

From October 2026, employers will be required to inform workers of their right to join a trade union. While the exact details are still being finalised, the new requirement reflects a wider move towards strengthening trade union rights and improving employee awareness.

For many organisations, this will introduce a completely new compliance obligation. Even businesses with no current union presence may need to update their onboarding processes, employment documentation, and communication practices.

This is where proactive HR support can be particularly valuable. Reviewing contracts, employee handbooks, induction materials, and internal policies ahead of the changes can help employers ensure they remain compliant while communicating clearly with employees.

HR support can also help managers understand their responsibilities and implement any required changes consistently across the organisation.

Understanding what is changing now will help employers prepare before the new rules come into force, reducing the risk of compliance issues and ensuring employees receive the information they are entitled to from the outset

Why is this change being introduced?

Many employees are unaware of their rights relating to trade union membership. The Government's view is that workers should receive clear information about these rights from the start of their employment.

The new requirement aims to ensure employees are informed rather than having to discover the information themselves.

It forms part of a broader package of reforms that includes stronger union access rights, changes to recognition processes, and modernisation of communication methods.

Whether an organisation has a unionised workforce or not, the requirement is expected to apply across a wide range of employers.

What will employers need to do?

Although final guidance is still awaited, employers are likely to be required to provide information to employees about their right to join a trade union.

This information may be included within employment contracts, employee handbooks, onboarding documentation, or separate written statements.

There may also be requirements to remind employees of these rights periodically rather than only at the start of employment.

Employers should keep a close eye on further guidance as the legislation develops, as the precise format and timing of communications could become an important compliance requirement.

Why employers should prepare early

Some businesses may assume this change only affects organisations that already have recognised trade unions. However, that assumption could create compliance risks.

The duty focuses on informing employees of their rights, regardless of whether a union is currently active within the workplace.

Preparing early allows employers to review existing documentation and identify where updates may be required. It also provides an opportunity to ensure managers understand the new obligations and can respond appropriately if employees raise questions.

A consistent and informed approach is often the best way to avoid misunderstandings.

How this links to wider employment law changes

The requirement to inform employees about trade union rights does not exist in isolation.

It sits alongside wider reforms aimed at strengthening employee protections, improving access to workplace representation, and increasing transparency in employment relationships.

At the same time, employers are preparing for changes relating to day one rights, sexual harassment protections, unfair dismissal rules, flexible working, and sickness absence.

Taken together, these developments highlight the importance of reviewing HR policies and procedures on a regular basis rather than waiting until changes become mandatory.

The importance of clear communication

Employment law compliance is often about more than having the right documents in place. Employees also need to understand their rights and how workplace processes operate.

Clear communication helps build trust, reduces confusion, and demonstrates that the organisation takes its legal responsibilities seriously.

For employers, ensuring information is communicated consistently can help reduce the likelihood of disputes and support positive employee relations.

This is particularly important when new rights or obligations are introduced.

Reviewing contracts and handbooks

As further details emerge, many employers are likely to find that their contracts, handbooks, and onboarding materials require updating.

Regular reviews of employment documentation can help ensure legal compliance while also providing clarity for employees and managers.

Waiting until the last minute often leads to rushed changes and missed opportunities to communicate effectively.

A planned approach allows businesses to make updates thoughtfully and ensure they fit within the wider HR framework.

How Swan HR can help

Swan HR helps employers stay ahead of employment law changes through practical HR support, policy reviews, contract updates, and manager guidance. If you want to ensure your business is prepared for upcoming trade union reforms and other changes under the Employment Rights Act 2025, Swan HR can help you plan ahead with confidence.