Trade Unions in the modern workplace: telling employees about their right to join

Trade unions remain a feature of many UK workplaces, offering support to employees and engaging with employers on matters such as pay, working conditions, and workplace policies. While some view unions as a constructive presence, others - particularly those with experience of more adversarial union activity in the past - may associate them with conflict and disruption. The reality often lies somewhere in between.

 

What are Trade Unions and why do employees join?

A trade union is an independent organisation that represents the interests of workers. Employees may join for various reasons, including the desire for a stronger collective voice, access to advice and representation in workplace matters, and protection in situations involving grievances, disciplinary action, or redundancy.

For some, union membership provides reassurance. However, in environments with a dominant union presence, even though ‘closed shops’ (where union membership was compulsory) have been outlawed for decades, there can still be a sense of pressure to join. This may create challenges for employers trying to maintain a balanced and inclusive culture.

 

The Employer Perspective

Working with trade unions can bring both opportunities and difficulties. On the positive side, unions can provide a clear structure for communication, help resolve issues before they escalate, and support compliance with employment law. A well-managed relationship with union representatives may even contribute to employee engagement and retention.

However, a unionised workplace can also complicate internal decision-making processes. Negotiations and decisions around pay or policy changes will probably take longer, and there is always the potential for disagreement or industrial action. Employers may also feel that union involvement reduces flexibility and adds an extra layer of complexity to managing their workforce.

It’s important for employers to approach union relationships with clarity and consistency. Setting expectations early, maintaining professional dialogue, and understanding legal obligations can all help reduce the risk of conflict.

 

Changes under the Employment Rights Bill

There is currently no legal requirement for employers to inform employees that they have the right to join a trade union.  The Employment Rights Bill will introduce a legal duty on employers to do so, “aligning with the Government’s broader objective of empowering workers by ensuring they are fully informed of their rights.”  It is to be provided alongside the written statement of employment particulars that employers must provide from day one.

Consultation on the frequency and manner of the communication is expected in Autumn 2025 and employers should monitor developments and be ready to update onboarding documents.  The measure is expected to come into force in October 2026.

 

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Author

  • Gabriella is the newest team member to join Patch Law. In 2021, Gabriella graduated with a law degree from the University of the West of England and is now completing her Legal Practice course combined with a master’s degree at the University of Law.

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