The Employment Rights Act 2025 requires employers to inform workers of their right to join a trade union. The duty was originally due to take effect on 30 October, but the government has published a revised timetable postponing its introduction until January 2027. At the same time, it published its response to the consultation on the statement’s form and content.

The new duty requires an employer to provide workers with a written statement informing them of their right to join a trade union both at the start of employment and periodically throughout the period of employment.  The government had sought views on how this duty could be implemented in practice while minimising the burden on employers. 

What is the form of the statement?

Employers must give workers a written statement outlining their right to join a trade union alongside the section 1 statement of written particulars. They must also provide it at any further times specified by the Secretary of State.

The government will produce a standard statement for employers to use. Employers may amend it only to include information specific to their workplace.

  • The statement will contain:
  • a brief, factual overview of the role and functions of trade unions, aimed particularly at workers with limited experience of union representation.  The explanation will be neutral and informative rather than promotional
  • details of any recognised trade unions and statutory access agreements
  • a summary of trade union members’ statutory rights under the Trade Union and Labour Relations Consolidation) Act 1992, intended to improve workers’ understanding of their legal protections and the framework within which trade unions operate
  • the Certification Officer’s list of trade unions, either linked from the statement or provided alongside it

When should the statement be given?

New workers must receive the statement with their written particulars at the start of employment. For existing workers, employers may provide it directly or make it available indirectly, for example on an intranet. If provided directly, it must be issued annually by 5 April. If made available indirectly, employers must tell workers where to find it and remind them annually that it remains available. The statement must be clearly signposted and remain readily accessible at all times. Employers must notify workers directly if its location changes.

The statement must be reissued within one month of any change to the identity of a recognised trade union or to a statutory access agreement.

When will this come into force?

The response to the consultation states that the duty is intended to come into force on 1 January 2027.  Employers will be required to issue the statement to all new workers from that date and deliver it to existing workers directly by 5 April or issue it indirectly.

What steps should employers take?

  • Develop a process to ensure that every new worker receives the written statement at the right time, as part of onboarding.  The final form of the statement is yet to be published, but the employer can only make minor amendments to make note of specific workplace information, such as the trade unions that are recognised in the organisation or where there have been any access agreements made.
  • For existing workers the employer must determine whether to provide the statement directly or indirectly.  If indirectly, then a decision must be made as to where it would be available, for example, on the intranet, and if so, the location of the statement on that site.   
  • Establish a process for annual reminders to existing workers and who will be responsible for issuing notifications of any changes.
  • And finally, train HR teams and managers on the new requirements.