Employers will soon have a new responsibility to tell workers about their right to join a trade union.

Under the Employment Rights Act 2025, employers will be required to provide workers with a written statement explaining this right. The new duty is expected to take effect from 1 January 2027, having previously been expected in October 2026.

The Government has now published further information about how the requirement is expected to work, giving employers more clarity on what they will need to do.

What is changing?

From January 2027, employers will be required to provide workers with a standardised written statement informing them of their right to join a trade union.

Importantly, this requirement applies to workers, rather than employees only, so businesses will need to consider everyone within their workforce who has worker status.

There is also no proposed small business exemption, meaning employers of all sizes will need to prepare.

What will the statement include?

Employers will not simply be expected to write their own notice. The Government will provide a standardised statement setting out the required information.

This is expected to include:

• A brief explanation of what trade unions do
• Details of any trade unions recognised by the employer, where applicable
• Information about any statutory trade union access agreements, where applicable
• Information directing workers to the Certification Officer’s list of trade unions
• A clear and neutral summary of workers’ statutory rights relating to trade union membership

The Government has also confirmed that the statement will make clear that workers have a choice about whether to join a trade union.

Employers will therefore need to use the prescribed statement rather than developing their own version, although certain workplace-specific information may be added where required or permitted.

What will employers need to do for new starters?

For new workers, the statement will need to be provided when they start work, at the same time as their written statement of employment particulars.

For HR teams, this means the new requirement will need to become part of the onboarding process.

Employers should therefore start thinking about where the statement will sit within their existing new starter documentation and who will be responsible for making sure it is issued.

What about existing workers?

The requirement will not only affect new starters.

For existing workers, employers will be able to provide the statement directly or make it continuously available through an indirect method, such as an intranet.

Where an employer chooses an indirect method, workers will also need to receive a direct written reminder each year, explaining where the statement can be found. Existing workers are expected to have access to the statement by 5 April 2027.

This means employers will need to think beyond simply updating their contracts or onboarding documents. A process will also be needed for communicating with the existing workforce and managing annual reminders.

What happens if an employer does not comply?

Workers will not be able to bring a standalone Employment Tribunal claim simply because an employer has failed to provide the statement.

However, where a worker successfully brings another relevant Employment Tribunal claim, a failure to comply with the new requirement could result in an additional award. The enforcement approach is being aligned with the existing rules around written statements of employment particulars.

It is therefore important that employers treat this as a formal compliance requirement rather than simply an optional communication.

What should employers do now?

Employers cannot finalise the statement itself yet because the prescribed wording and detailed regulations are still to follow.

However, there are practical steps businesses can take now:

• Review your onboarding process and new starter documentation
• Identify which individuals within your workforce have worker status
• Consider where the statement could be made accessible to existing workers
• Review how you currently issue annual or company-wide communications
• Make sure responsibility for issuing the statement and reminders is clearly allocated
• Keep an eye out for the final regulations and Government wording

This is particularly important alongside the wider changes to trade union rights under the Employment Rights Act 2025. The new duty forms part of a broader package of reforms affecting how employers and trade unions interact.

Preparing for the new trade union rights

Trade union reform is becoming an increasingly important area for employers, whether or not they currently recognise a trade union.

At Bhayani Law, our Employment Law and HR specialists can help businesses understand the new requirements, review their existing processes and prepare managers and HR teams for the changes.

We also provide specialist training on the new trade union reforms as part of our Employment Rights Act 2025 training programme, helping employers understand what the changes mean in practice and what they should be doing to prepare.