Trade unions have become an increasingly topical issue within employment law discussions, HR forums, and workplace relations. As the government continues to implement its employment law reforms, employers are seeing a renewed focus on trade union rights, union representation, and collective bargaining. Whilst many of the reforms have already taken effect, further changes continue to be introduced as part of the Government’s wider employment law agenda. However, one of the most significant developments, the duty for employers to inform workers of their right to join a trade union, has now been delayed until January 2027.
For THSP clients, this provides additional time to understand these changes and review current practices to ensure future compliance obligations.
Employee’s Right to Join a Trade Union
Workers in the UK have a statutory right to join a trade union. Equally, workers have the right not to join a union and should not be subjected to any less favourable treatment or discrimination because of their decision. Trade unions exist to represent the interests of workers and may become involved in matters such as:
- Pay and reward.
- Working conditions.
- Health and safety.
- Workplace disputes.
- Disciplinary and grievance matters.
Employee representation remains an important aspect of employment relations and is likely to become increasingly relevant as employment law reforms continue to evolve.
New Duty to Inform Workers Delayed Until January 2027
One of the government’s proposed reforms requires employers to actively inform workers of their right to join a trade union. Originally expected to come into force in October 2026, the implementation date has now been postponed until 1 January 2027, giving employers additional time to prepare for compliance.
Under new rules, employers will need to provide workers with a standardised statement explaining:
- The role and functions of trade unions.
- Information about workers’ rights relating to union membership.
- Details of recognised trade unions.
- Information regarding statutory union access arrangements.
- New starters will be required to receive this information alongside their written statement of employment particulars.
Collective Bargaining
Collective bargaining is the process through which a recognised trade union negotiates with an employer on behalf of a group of employees. Discussions may cover matters relating to pay and reward, working hours, annual leave and other terms and conditions of employment.
Employers are not generally required to engage in collective bargaining unless they have a recognises trade union and are bound by a collective agreement that requires negotiation on specific matters. When collective bargaining arrangements are in place, employers and trade unions can work together to reach agreements on issues including:
- Pay and salary reviews.
- Working hours and shift arrangements.
- Annual leave.
- Terms and conditions of employment.
- Workplace policies and procedures.
While collective bargaining can support positive employee relations, it is not a legal requirement for all employers to have collective bargaining arrangements in place. Many organisations instead engage with employees and employee representatives through other forms of consultation and communication.
Why this matters for employers
Recent discussions across social media and professional networks have highlighted growing interest in trade union membership, employee voice and ensuring adequate workplace representation. Alongside ongoing economic pressures, many organisations are placing an increased focus on employee engagement, communication, and retention. This means that understanding trade union rights is becoming increasingly important, even for those employers operating in non- unionised environments.
In addition, wider reforms have further strengthened various elements of trade union law, including changes to industrial action procedures and enhancing protections for those employees participating in lawful industrial action. As a result, employers should be aware that trade union issues are no longer relevant solely to heavily unionised workplaces. Instead, these developments demonstrate a broader shift towards strengthening collective workplace rights and increasing awareness of employee representation.
THSP Practical Advice
Although the new requirement has been delayed until January 2027, employers should use this additional period to review and prepare for implementation.
THSP recommends that employers:
- Review onboarding processes and employment documentation.
- Ensure managers understand employees’ rights regarding trade union membership.
- Assess whether existing policies and procedures require updating.
- Monitor further guidance and legislative developments as details continue to emerge.
Taking proactive steps now can help employers avoid any last-minute compliance challenges, reduce risk, and ensure they remain aligned with evolving employment law requirements.
Trade unions and collective workplace rights are likely to remain a significant area of focus as employment law reform continues. By reviewing existing practices now, employers can ensure compliance, support positive employee relations, and position themselves to respond confidently to future legislative developments.
THSP will continue to monitor developments and provide practical guidance to help clients understand their obligations and prepare for upcoming changes.