Breaking news: duty to inform workers of right to join a trade union delayed until January 2027

The government had originally expected this duty to come into effect on 30 October 2026. However, in its response to the recent consultation, it has confirmed that it now expects the duty to take effect in January 2027.  

What is the new duty?

Employers will have to provide workers with a written statement explaining their right to join a trade union. 

You must give the statement to new workers at the same time as the section 1 statement of employment particulars. You will also need to provide the statement on other occasions, which will be set out in regulations. 

The regulations will specify: 

• the information that the statement must contain
• the format of the statement
• how employers must provide the statement

Between October and December 2025, the government consulted on the content and format of the statement, how employers should provide it to new and existing workers, and how often employers should reissue it.

What has the government decided?

After considering the consultation responses, the government has confirmed that regulations will cover the following areas: 

• Form: the government will provide a standardised statement for employers to use. You will need to add details about the specific workplace and either include a link to the Certification Officer's list of trade unions within the statement or provide a copy of the list alongside the statement. 
• Content: the written statement will provide neutral information on the right to join a trade union. It will also include a brief explanation of what trade unions do, details of any recognised trade unions and/or statutory access agreements (where relevant) and a summary of statutory rights. 
• Manner: you must provide the statement directly to new workers alongside their written statement of employment particulars. For existing workers, you may use either direct or indirect methods, provided workers can access the information easily. Where you use indirect methods, you must tell workers where to find the statement and send an annual reminder explaining that it is available and where it is located. 
• Frequency: if you provide the statement directly to existing workers, you must do so every year by 5 April. If you use an indirect method, you must ensure that workers can access the statement at all times and must send an annual reminder explaining where to find it. 

What happens next?

The government expects the new duty to come into force in January 2027. From that date, you will need to provide the statement to all new workers. You will also need to provide it to existing workers by 5 April 2027. 

We now awaiting the regulations and the wording of the statement.

How can we help? 

With the wide-ranging changes introduced by the ERA 2025 now is a good time to review your employment documentation. We can review your contracts of employment, identify any areas of risk and help you implement the necessary changes. Once the government publishes the final statement, we can provide you with the wording you need to ensure compliance with the new duty. Please contact Gordon Rodham for more details. 

You can also find out more about the ERA changes here. 

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