The Employment Rights Act 2025 (the ‘Act’) introduces major changes to trade union law in the UK. Amongst these changes is a new duty on employers to provide workers with a written statement detailing their right to join a trade union, which was expected to come into force on 30 October 2026.
The government has now confirmed that it intends for the duty to be effective from 1 January 2027. This delayed start date was announced in the government’s consultation response on 25 September 2026 alongside other key details of how the duty will work in practice.
What employers need to know about the new trade union duty
The consultation response outlines how the new duty will operate and the key responsibilities that employers must comply with. In particular, the response confirms:
The government will provide a standardised written statement
Employers will not be allowed to change the main body of the statement, but they will need to add their own specific workplace information and ensure a link to the Certification Officer’s list of trade unions is provided.
The tone of the statement will be clear and neutral
The statement will briefly explain how trade unions work and will summarise relevant statutory rights. It will include a list of (and information on) recognised trade unions and statutory access agreements, where applicable.
New workers must receive the statement directly at the same time as their written particulars of employment
In practice, employers must provide the new worker the statement directly when they first join the organisation.
Existing workers can receive the statement directly or indirectly, so long as it is reasonably accessible
If an indirect method is used to share the statement (e.g. via company intranet or notice board), employers must inform existing workers where it is located, issue an annual reminder of its location, and directly notify workers if the location changes.
The statement must be delivered to workers annually by 5 April each year
Employers notifying existing workers via a direct method must do so by 5 April 2027 and repeat the exercise annually. Where indirect methods are used, an annual notification must be sent to remind workers of where to find the statement.
Does the consultation affect the other new trade union rules?
The delay until 1 January 2027 only applies to the duty to inform workers of their right to join a trade union. Other key changes to trade union law introduced by the Act are still expected to take effect from 30 October 2026.
What should employers do now?
The government is yet to publish the full regulations and the standardised statement.
In the meantime, employers should continue preparing for the new duty by planning how they can best contact their workers to share the statement. For example, employers may wish to review any worker onboarding packs and consider how the statement could be hosted via the organisation’s intranet.
Legal advice for employers
Get in touch with our Employment Law team if you have any questions about what the changes to trade union law mean for you or your organisation. Our legal experts can help you understand the potential implications and advise on how best to prepare for any new changes.
