Key takeaways
New duty to start in January 2027
Implementation delayed, giving employers extra preparation time.
Standardised union rights statement
Government template will simplify compliance and ensure consistency.
Annual reminders and ongoing updates
Employers must provide reminders and update information promptly.
The Employment Rights Act 2025 places a new requirement on employers to inform workers that they have the legal right to join a trade union at the start of employment and remind them of this right periodically. The government has now indicated that these provisions will come in to force in January 2027 (pushed back from 30 October 2026) and revealed further details of the contents and frequency of the statements.
Form and contents of the statement
The government has confirmed that it will publish a standardised statement, but this has not yet been published. Employers will only need to add workplace specific information to this template statement.
The written statement will include:
a brief overview of the functions of a trade union
information on recognised trade unions (where applicable), including their contact details
information on statutory trade union access agreements (where applicable), including their contact details
information on the Certification Officer’s list of trade unions
a summary of statutory rights in relation to union membership.
Manner of delivery
New workers must receive the statement directly at the start of their employment at the same time as the written statement of basic employment particulars.
Existing workers may receive the statement either directly or indirectly. If the employer chooses an indirect method, the worker must receive an annual reminder delivered directly and in writing informing them that the statement is available and where to find it. The statement must remain continuously available and reasonably accessible to workers.
Frequency of delivery and notice of changes
After the initial statement is given at the start of employment, employers will be required to issue periodic reminders to workers. If an employer chooses to deliver the statement through direct methods, the reminder statement must be delivered by 5 April each year.
Where employers choose indirect methods, they will be required to ensure the statement remains continuously and reasonably accessible to workers and must issue an annual reminder. If there is a change in the location of the statement, they will be required to notify workers of the new location within one month of the change.
Employers will also be required to reissue the statement within one month if recognised unions, statutory access agreements or relevant contact details change.
Implementation date and next steps
This duty is expected to come into force in January 2027. Employers will be required to issue the statement to all new workers that join from the commencement of the duty and deliver it to all existing workers by 5 April 2027.
What can employers do to prepare for the change?
The regulations implementing these rules, and the government’s standardised statement, has not yet been published. However, to prepare for the changes, HR teams may want to:
Review their current onboarding processes, HR systems and employee communication channels.
Start to consider how they intend to implement the new duty at a practical level, and ensure reminder statements and updated statements are issued within the required deadlines
Find out more about our Employment, Education and Immigration team or contact us today to discuss how we can support you.
