What employers need to know
The government has published its response to the consultation on the upcoming duty for employers to inform all workers (both new and existing) of their right to join a trade union. This duty, created by the Employment Rights Act 2025 (ERA), was due to come into force on 30 October 2026 but the implementation date has now been pushed back to January 2027.
In the response, the government has confirmed that it will provide a standardised written statement that employers will be obliged to use to comply with the duty, and which they are not permitted to amend except to include workplace specific information. The standardised statement will contain “neutral information” about:
- Trade union membership rights
- Trade union functions
- A list of and information on recognised trade unions and/or statutory access agreements (where applicable)
- A summary of statutory rights
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 the statement.
New workers must be given the statement directly alongside their written statement of employment particulars; this will usually be contained in their contract of employment. Existing workers may be given the statement either directly or indirectly (for example, through an intranet). If the statement is given directly it must be issued to employees annually by 5 April. If it is issued indirectly, employers must ensure that the statement is continuously available, notify workers where it can be found and provide annual reminders.
In either case, updated statements must also be issued within one month of any change to recognised unions or statutory access agreements.
Preparing your organisation for wider trade union reforms
This new duty is part of a suite of measures designed to increase trade union membership and recognition across the board. The government’s updated timetable for implementation of the ERA, published on Friday, confirms that the following measures relating to trade unions will still be coming into force from 30 October:
- Trade unions’ right of access
- Reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures under the ERA, including freezing the bargaining unit when an application is received
- New rights and protections for trade union representatives
- Extended protections against detriments for taking industrial action
Combined with a number of changes that have already come into force around balloting, the recognition process and industrial action, these changes are likely to make trade unions much more of a factor for businesses than they have been in some time. Even employers who do not currently recognise a trade union should be prepared.
Download our ERA guide for key action points
For practical guidance on the ERA, including all key changes, timelines and what your business should be doing now to prepare and manage risk – you can download our guide here.
