Employment Rights Act 2025: Trade union rights notification delayed to January 2027
As part of the Employment Rights Act 2025 employers are required to inform their employees of their right to join a trade union and put reminders in place to ensure that employees are aware of this right. This was scheduled to become legislation on the 30th of October 2026, however, the Government has delayed this until January 2027 to give employers more preparation time.
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Key information for employers
Notification of right to join a trade union to start in January 2027.
Government to issue a standardised union rights statement to simplify the compliance process and ensure consistency.
Employers responsible for issuing annual reminders and ongoing updates when required.
As part of this announcement the Government has also released the more details on the contents and the frequency of the statements.
What will the statement on the right to join a trade union contain?
Whilst a standardised statement has not yet been published the Government has identified that the statement will contain the following:
An overview covering the functions of a trade union.
Details of recognised trade unions, and their contact details.
Information about statutory trade union access agreements (where relevant), including their contact information.
Details on the Certification Officer’s list of trade unions.
Summarised statutory rights in relation to union membership.
Delivery of statement to employees
As part of the Employment Rights Act 2025, employers must inform employees of their right to join a trade union. Employers must also provide reminders to ensure employees stay aware of this right
New workers must receive the statement directly at the start of employment. They must get it with the written statement of basic employment particulars.
Existing workers may receive the statement directly or indirectly. If the employer uses an indirect method, the worker must get a yearly reminder, employers should ensure the following:
The reminder must be direct and in writing.
It must say the statement is available and where to find it.
The statement must stay available at all times.
It must also be easy for workers to access.
Notice of changes
After the initial statement is given at the start of employment, employers must send regular reminders to workers. If an employer sends the statement directly, the reminder must be delivered by 5 April each year.
Where employers use indirect methods, they must keep the statement easy to find for workers at all times. They must also send a reminder each year. If the statement’s location changes, they must tell workers the new location within one month. Employers must also provide an updated statement within one month if recognised unions, access agreements, or contact details are revised.
Implementation date
This duty is expected to start in January 2027. Employers must give the statement to all new workers from that date. They must also give it to all current workers by 5 April 2027.
Contact a Croner Employment Law expert
Get professional advice on how to implement the latest changes under the Employment Rights Act 2025.
Contact Croner today on 0800 470 9999.
