Trade union rights notification postponed to January 2027

Sally Bird, Partner

The Employment Rights Act 2025 introduces a new duty requiring employers to inform workers of their legal right to join a trade union. The duty has been postponed from 30 October 2026 and is now expected to take effect on 1 January 2027.

The legislation is expected to be laid before Parliament in November 2026. Further guidance confirming the requirements is expected shortly afterwards.

Form and content of the statement

The government has confirmed that it will publish a standard statement that employers must issue. Employers may amend it only to add specific workplace information. The statement will include:

• a brief overview of the functions of a trade union;
• information on recognised trade unions (where applicable), including their contact details and a summary of the worker categories and workplace locations covered by the recognition arrangements;
• information on trade unions with which the employer has statutory access agreements (where applicable), including their contact details;
• either a link to the Certification Officer’s list of trade unions or a copy of the list of registered unions; and
• a summary of statutory rights in relation to union membership.

Manner and frequency

From 1 January 2027, employers must give the statement directly to new workers when they provide the statement of employment particulars.

Employers must also provide the statement by 5 April 2027 to workers who were already employed when the duty takes effect and who remain employed on 5 April 2027. They may use either:

• Direct delivery: Employers may provide the statement by email, post or in person. After first providing it, they must send it directly to workers each year by 5 April.
• Indirect delivery: Employers may make the statement available through an intranet or staff handbook, provided workers are told where to find it and it remains continuously available and reasonably accessible. After first notifying workers of its location, employers must remind them each year by 5 April that the statement is available and where to find it.

Enforcement

The duty will be enforced in the same way as the existing requirement to provide a statement of employment particulars. A worker will not be able to bring a standalone Employment Tribunal claim for a breach. However, if the worker succeeds in another claim, the Tribunal may make an additional award of between two and four weeks’ capped pay. The government has rejected calls for the Fair Work Agency to enforce the duty directly.

What employers can do now to prepare for the change?

• review onboarding documents and processes for new starters;

• if making the statement available through an internet of staff handbook, plan how to issue annual reminders to all workers, including those without email or intranet access;
• gather key information about any recognised trade unions or statutory access agreements, including the union’s name, the workers covered by the recognition arrangements and relevant contact details; and
• decide whether to provide the statement to existing workers directly or indirectly.

Employers must wait for the government’s template before updating their documents. They should also prepare separately for the new trade union access right, which is still due to take effect on 30 October 2026, for more information this, you can read my colleague Stanley Stephens article.

If you need assistance in the meantime, please contact us at i[email protected] or 0161 832 3434,