In brief
The Employment Rights Act 2025 introduced a new duty on employers to provide workers with a written statement informing them of their right to join a trade union. In its response to the consultation on the new duty, the government confirms more details including that it will apply from January 2027, not October 2026 as expected.
Key takeaways
The Employment Rights Act 2025 introduced a new duty on employers to provide workers with a written statement informing them of their right to join a trade union. Today, the government published its response to the consultation on the new duty. This confirms that the new duty will come into effect in January 2027, not October 2026 as expected.
What will the statement say?
- The government will provide a standard statement for employers to issue to workers. Employers must not amend the statement, except to add specific workplace information. Employers must also provide a copy of the Certification Officer’s list of trade unions or provide a link to that list within the statement.
- The standard statement is not yet available. It will form part of regulations which will be published at a later date. The response confirms that the statement will contain clear and neutral information on the right to join a trade union, including an explanation of the functions of a trade union, a list of and information on recognised trade unions and/or statutory access agreements (where applicable), and a summary of statutory rights in relation to union membership.
When and how must employers deliver the statement?
- Employers must deliver the statement directly to new workers on or before their first day of work, at the same time as their written statement of employment particulars (which is usually their employment contract).
- Employers must choose whether to provide the statement to existing workers directly or indirectly. If employers issue the statement directly, they must do so annually by 5 April. If employers issue the statement indirectly, for example by uploading it to an intranet site, they must inform workers where the statement is located and send an annual reminder informing them that the statement is available and where to find it. The statement must be continuously and reasonably accessible to workers.
What should employers do now?
The government believes that a lack of awareness about the right to join a trade union may be contributing to reduced worker engagement in collective bargaining in the UK. This new duty will certainly increase awareness and may well drive up trade union membership rates. In light of the other sweeping reforms to the collective bargaining regime coming into effect as early as next month, employers should reassess their industrial relations strategy now.