Another Employment Rights Act change is on the way, but employers have been given a little more time to prepare.
The new duty requiring employers to inform workers of their right to join a trade union was expected to come into force in October 2026. The Government has now confirmed that the duty is intended to take effect from 1st January 2027.
So, what exactly will employers need to do?
What Is Changing?
The Employment Rights Act 2025 introduced a new duty for employers to provide workers with a written statement informing them of their right to join a trade union.
Following consultation, the Government has now provided more detail about what that statement will look like and how employers will need to share it.
Importantly, employers won't be expected to write their own version from scratch.
A standardised statement will be set out in regulations. Employers won't be able to amend the wording, other than where specific workplace information needs to be added.
The statement is expected to include:
A brief explanation of what trade unions do
Information about any recognised trade unions and relevant statutory access agreements
Information about the Certification Officer's list of trade unions
A summary of workers' statutory rights relating to trade union membership
What About New Workers?
From 1st January 2027, new workers will need to receive the statement at the same time as their written statement of employment particulars.
That means employers will need to build this new requirement into their existing onboarding process.
And Existing Workers?
There are requirements here too.
Employers will need to provide the statement to workers who were already employed when the duty comes into force and remain employed on 5th April 2027.
The Government is allowing employers some flexibility over how this is done.
You could provide the statement directly, for example by email, post or in person. If you choose this route, you'll then need to provide it directly again each year by 5th April.
Alternatively, employers can make the statement available indirectly e.g. detailed in a staff handbook. It must remain continuously available and workers must receive an annual reminder telling them where they can find it.
If the location of the statement changes, workers will also need to be informed.
What Should Employers Be Doing Now?
There's no need to panic! The delayed implementation date gives businesses more time to prepare.
But we wouldn't recommend leaving it until January either.
Now is a good time to start thinking about:
Where the new statement will sit within your onboarding process
How you'll communicate it to existing workers
Whether your contracts, onboarding documents or staff handbook will need updating
Who will be responsible for making sure the annual requirement isn't forgotten
Whether you need to gather information about any recognised trade unions or statutory access agreements relevant to your workplace
The Government expects to publish more detailed guidance in November 2026 so there will be further information to come before the new duty takes effect.
At Inspired HR, we're keeping a close eye on the Employment Rights Act changes and what they mean in practice for employers.
If you're a retained client, we'll continue to keep you informed and help make sure your HR documentation and processes reflect the changes as they come into force.
And if you're not a retained client, you don't have to navigate it all by yourself. Our PAYG HR Support gives you access to experienced HR advice when you need it, whether that's updating documentation, reviewing your processes or simply helping you understand what a new employment law requirement means for your business.
Need a hand getting ready for the employment law changes ahead? Get in touch with the team.