At a Glance
On 25 September 2026, the Government published its consultation response in respect of the new duty under the Employment Rights Act 2025 (‘ERA 2025’) for employers to notify workers of their right to join a trade union. Employers will have to issue a prescribed, neutral statement to new workers at the start of employment, and to all existing workers by 5 April each year. The duty, previously expected to take effect on 30 October 2026, has been delayed and is now anticipated to come into force in January 2027.
Background
The ERA 2025 introduces a new obligation on employers to give workers a written statement informing them of their right to join a trade union. The stated purpose of the reform is to improve awareness of workers’ statutory rights, and to support workers to make an informed choice on whether they wish to join a union.
Although the ERA 2025 establishes the new duty in principle, regulations are required to prescribe the information that the statement must include, the form the statement will take and the manner in which the statement must be given. The Government launched a consultation in October 2025 seeking views to inform the content of the regulations and has now published its response setting out how it intends the duty will operate in practice.
The new duty had been expected to take effect on 30 October 2026, however implementation has been delayed and the Government has indicated that it is now anticipated to come into force on 1 January 2027.
What Will the Statement Look Like?
The Government has confirmed that it will produce a standardised statement that all employers must use. Employers will not be permitted to amend its prescribed wording, except to add specified workplace information. The consultation response emphasises the importance of neutrality and the need to ensure that the statement remains factual and balanced.
The statement will provide all workers with the same core information about the right to join a trade union. Where relevant, employers must supplement it with factual details about unions operating in their workplace. It will include:
- A brief overview of the functions of a trade union
- Details of any recognised trade unions, including contact details for the union
- Where a recognised union does not cover all workers, the relevant staff groups, grades or workplace locations represented by that union
- Details and contact information for any union with a statutory access agreement
- Either a link to the Certification Officer’s publicly available list of trade unions or a copy of that list provided alongside the statement
- A concise summary of the statutory rights relating to trade union membership and activities
It is also expected to include a confirmation that the statement is not exhaustive and that further information is publicly available. The Government has indicated that non-statutory guidance will be provided setting out examples of best practice for employers in providing further information to workers. This is expected to signpost resources such as the TUC trade union finder, which can help workers identify unions relevant to their workplace, sector or occupation.
How Must the Statement Be Delivered?
New Workers
Employers must provide the statement directly when employment begins, at the same time as the written statement of employment particulars. It may be delivered by email, in person or by post, enabling employers to incorporate the requirement into their existing onboarding processes.
Existing Workers
Employers will have greater flexibility when communicating the statement to existing workers. They may deliver it directly or make it available indirectly, for example through an intranet or workplace noticeboard, provided that it remains continuously and reasonably accessible throughout the relevant year.
If the statement is delivered directly, it must be issued annually by 5 April. If it is made available indirectly, workers must be told where it can be found and receive a direct annual reminder by 5 April confirming that it remains available and identifying its location.
If the location of an indirectly delivered statement changes, the employer must notify workers directly and in writing of the new location within one month. The statement must also be reissued within one month of any change to the identity of a union that has recognition or a statutory access agreement.
The Government does not intend to prescribe particular communication channels beyond these high-level direct and indirect methods. Accompanying guidance will encourage employers to consider accessibility, including the needs of workers without regular digital access and those who require information in an alternative format.
Enforcement
The duty will operate through the existing employment law enforcement framework, which means that there will be no freestanding claim for employees where an employer fails to provide the statement. Instead, claims for non-compliance with the duty would need to be brought alongside another substantive employment claim such as unfair dismissal, and if that claim is successful, additional compensation may be awarded of two to four weeks’ pay (subject to the statutory cap on a week’s pay, currently £751).
What Should Employers Do Now?
The specific form of the statement has not yet been published, and the Government has indicated that it is working with Acas as the statement is finalised. However, there are some steps that employers can be taking and planning for now:
- Identify any recognised unions and unions with statutory access agreements, and confirm the staff groups, grades and locations they cover so that this information can be incorporated into the standard statement, once available
- Prepare to incorporate the standard statement into onboarding processes for all workers who start after the duty commences. If the anticipated implementation date of 1 January 2027 remains firm, the statement will need to be provided to all new workers who start from that date
- Decide whether existing workers will receive the statement directly or through an indirect channel. In either case, build in the annual communication or reminder into HR calendars to be issued by 5 April each year. The consultation response notes that the first such communication will need to be distributed to existing workers by 5 April 2027
- Establish a process for monitoring changes to the statement, noting the one month deadline to reissue the statement if the identity of recognised unions or those with statutory access agreements changes
- Consider employee engagement and industrial relations strategies, given the potential for higher levels of union membership within organisations, particularly coupled with the wider trade union reforms under the ERA 2025, such as the significant new access rights coming into force on 30 October 2026 (see here for more information)
Employers should monitor publication of the final standard statement, regulations and accompanying guidance so that their processes and workplace-specific information can be prepared ahead of January 2027.
For further information on the latest developments, see our Reform Hub. Please contact your usual Littler contact if you would like any support with preparing your business for the changes.
