Employment Rights Act 2025: new details on the trade union statement of rights

One of the central policy aims of the Employment Rights Act 2025 is to increase trade union presence in workplaces.  As well as grappling with the new trade union right of access which comes into force on 30 October 2026, employers will have a new obligation to inform workers of their right to join a trade union.  Following a Government consultation, we now have confirmed details of how this right will operate.  

When? 

Importantly for employers, implementation has been pushed back from 30 October 2026 to January 2027.  This gives employers a little more time to update their contract templates and internal communications. 

What will employers need to do?

Employers will need to provide all new workers and employees with a written statement of their right to join a trade union.   Helpfully, the statement will be standardised and provided by the government (although this has yet to be published). This will take a lot of the guesswork out of the process for employers, who might otherwise have needed to invest considerable time crafting a legally compliant statement. 

Employers will be required to issue the standard form statement, adding only certain information specific to their business and workplaces, such as details of any trade union they recognise and which staff are covered by those collective bargaining arrangements.  

The written statement will include the following information: 

• A brief overview of the functions of a trade union
• Information on any trade unions recognised by the employer, including their contact details
• Information on any access agreement between the employer and a trade union 
• The Certification Officer’s list of trade unions (or a link to access this). 
• A summary of statutory rights in relation to union membership.  The Government has indicated it will work with ACAS to draft clear, neutral wording which explains these rights to workers. 

How should employers provide the statement?

For new workers, employers will need to provide must the statement directly at the start of employment at the same time as the written statement of employment terms which is already a legal requirement.  

For existing workers, employers may issue the statement either directly (i.e. by giving it to the worker) or indirectly (e.g. by displaying it in the workplace or making it available via the intranet).   If the employer opts for indirect communication, they will need to issue an annual reminder to staff, delivered directly and in writing, informing them that the statement is available and where to find it. The statement must remain continuously available and reasonably accessible to workers. Employers who choose to deliver the statement of rights directly to existing workers will need to do so once a year, by 5 April each year. 

What happens if the details change?

If there is any change to the identity of the trade unions recognised by the employer, trade unions with statutory access agreements or the relevant union contact details, the employer will need to re-issue the statement within one month of the change. 

What do employers need to do now? 

Employers will be required to issue the statement to all new workers that join after the new duty comes into force (expected in January 2027) and deliver it to all existing workers by 5 April 2027.  Once the Government publishes the standard form statement, employers will need to ensure that this is captured in their template contracts and onboarding processes.   

Although the new duty is largely an administrative one, employers will need to be prepared for an uptick in union membership among staff and an increase in staff being accompanied by union representatives at grievance and disciplinary hearings.  Employers will need to ensure they understand the legal protections for trade union members and activities, as well as the data protection implications (as union membership is special category data under the UK GDPR).  

They will also need to be prepared for more substantial union involvement  - this reform sits alongside the introduction of trade union access agreements and the simplified union recognition procedure, all of which are designed to enable more workforces to unionise.  Employers should ensure they understand the legal framework and have a cohesive strategy on how to engage with trade unions in the workplace.