Trade union statement duty delayed until January 2027
One of the Employment Rights Act 2025 changes expected this October has been pushed back.
The new duty requiring employers to inform workers of their right to join a trade union was originally due to take effect on 30 October 2026. The Government has now confirmed that it will instead come into force on 1 January 2027.
At the same time, the Government has published its response to last year’s consultation, giving employers a much clearer picture of how the new duty will work in practice.
What will employers have to do?
Employers will have to provide workers with a standardised statement, the wording of which will be set by regulations. Employers will not be free to rewrite it, although certain workplace-specific information can be added.
The statement will include information about the functions of trade unions, recognised unions and statutory access agreements where relevant, and workers’ statutory rights relating to union membership. It must also signpost the Certification Officer’s list of trade unions.
For new workers, the statement must be provided directly alongside their written statement of employment particulars.
For existing workers, employers will have more flexibility. They can provide the statement directly or make it continuously and reasonably accessible, for example through an intranet or staff handbook. Existing workers must initially receive the statement, or be told where to find it, by 5 April 2027. Thereafter, employers using direct communication must reissue it annually by 5 April. Those using an indirect method must instead send an annual reminder explaining where it can be found.
The statement will also need to be reissued within one month if the identity of a recognised union, or a union with a statutory access agreement, changes.
What should you do now?
For now, employers should identify any recognised unions or statutory access agreements, decide how they intend to communicate with existing workers and watch for the regulations and detailed guidance, which are expected in the coming months.