Currently, employers are under no legal obligation to inform workers of their right to join a trade union. The Employment Rights Act 2025 (ERA 2025) will change this and introduce a new duty requiring employers to provide workers with a written statement setting out this right. The duty was originally expected to come into force on 30 October 2026 but is now expected to take effect in January 2027. The detailed requirements will be set out in legislation, which is expected in November 2026, with further guidance to follow.
In this article, Richard Thomas and Shakobe Best outline the changes coming into force and what employers can do now to prepare.
What’s changing?
Following a consultation, the Government has confirmed that employers will be required to provide workers with a prescribed statement, setting out their right to join a trade union. Employers must also either include a link to the Certification Officer’s list of trade unions within the statement or provide a copy of the list alongside it. The Government considers that a prescribed statement “offers the clearest and most certain way” of ensuring that workers receive “consistent and authoritative information.”
The statement will provide “clear and neutral” information about the right to join a trade union. It will explain the role of trade unions, provide details of any recognised trade unions or statutory access agreements (where applicable), and summarise workers’ statutory rights. As the information is general, the Government considers the statement suitable for use across all workplaces, regardless of size, sector or structure. In the Government’s view, a standardised statement “offers the clearest and most certain way” of ensuring that workers receive “consistent and authoritative information” about their rights.
The statement must be provided directly to all new workers at the start of their employment, alongside their written statement of employment particulars, and also to existing workers. The Government’s view is that doing so will assist employers by “integrating the duty into established onboarding processes.”
What employers need to know:
- Employers will be required to use the prescribed statement in the form issued by the Government and will not be permitted to amend it, except for the inclusion of specified workplace information. Such information may include details of any recognised trade unions or statutory access agreements, together with relevant contact details. Where a trade union is recognised, employers may also be required to identify the categories of workers and workplace locations to which the recognition arrangements apply.
- For workers commencing employment from January 2027, the statement must be provided directly alongside the written statement of employment particulars (commonly known as a Section 1 Statement).
- From January 2027, employers must also ensure that existing workers either receive the statement directly or are informed where it can be accessed. Where an indirect method is used, such as an intranet or staff handbook, workers must be told where the statement is located and it must remain continuously and reasonably accessible. By 5 April each year, employers must then take further action, either by reissuing the statement directly or, where an indirect method is used, sending an annual reminder explaining where it can be found.
- If the location of an indirectly provided statement changes, workers must be notified directly of the new location within one month. The statement must also be reissued within one month if there is a change to the recognised unions, statutory access agreements or relevant contact details.
- The new duty will be enforced in the same way as the existing requirement to provide a written statement of employment particulars. Where a worker succeeds in a substantive Employment Tribunal claim, the Tribunal may make an additional award of between two and four weeks’ pay (currently capped at £751 per week) if the employer has failed to provide the required statement.
How can we help?
For further information, or should you wish to discuss the contents of this article, please contact a member of our Employment team.
Richard Thomas
Partner
Data Protection, Employment, Employment Investigations, Equality & Diversity, Investigations
Richard heads up our Employment and Immigration team. He has over 25 years’ experience (both In House and Private Practice) advising on contentious and non-contentious Employment and Data Protect... Read More
Shakobe is a Trainee Solicitor in our Employment & Immigration team. Shakobe studied Law LLB at Cardiff University.... Read More
