The Employment Rights Act 2025 (the “ERA 2025”) will introduce a duty on all employers to inform all ‘workers’ (meaning those with both employee and worker status) of their right to join a trade union, which it was proposed would come into force from 30 October 2026. Following a consultation on this change which closed on 18 December 2025, the government has published its response (the “Response”), which confirms that the implementation of this duty is now intended to come into force in January 2027.

What is changing under the ERA 2025? 

Currently, there is no legal duty for employers to inform their workers of their right to join a trade union. 

The ERA 2025 will require employers to provide workers with a written statement informing them of their right to join a trade union. The content and form of the statement, and the delivery of the statement by the employer were the subject of a consultation which closed on 18 December 2025. A response to this consultation has now been published. 

What does the Response say?

The Response confirms that the new duty is “expected to come into force in January 2027” – a delay from the previously published 30 October 2026 implementation date. The Response also sets out the following about the content, form and the delivery of the statement:  

• The government will provide a standardised statement for employers to issue, which employers may not amend except to add specific workplace information. Employers must also 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.
• The statement will be drafted in clear, neutral language and include information on the right to join a trade union, a brief explanation of trade union functions, a list of, and information on, recognised trade unions and/or statutory access agreements (where applicable) and a summary of statutory rights.
• For new workers - the statement must be delivered directly at the same time as their written statement of employment particulars (i.e. a section 1 statement).
• For existing workers - the statement may be delivered directly or indirectly - provided it remains reasonably accessible to the worker.
  • Where statements are delivered to existing workers directly – this must be done annually by 5 April. 
  •  Where statements are delivered to existing workers indirectly – the statement must remain continuously and reasonably available to the worker. The employer must: (i) issue an annual reminder that the statement is available, and where to find it; and (ii) if the location of the statement changes, inform the workers directly and in writing of the new location within one month of the change taking effect.  
• Where there is a change to the identity of recognised unions or statutory access agreements, the statement will be required to be reissued within one month of the change.

The Response further confirms that the duty to provide a statement will be enforced in the same way as the obligation to provide a section 1 statement - i.e. if the statement is not provided, and the worker is successful with another substantive employment tribunal claim, they may be awarded compensation of between two to four weeks’ pay (subject to the statutory cap).

So what for employers?

Given there is just over a month before the initially proposed 30 October 2026 implementation date, it is somewhat unsurprising that this change has been pushed back. Although regulations are required to bring this duty into force (with the standardised statement to be provided to workers encompassed in these regulations), there are preliminary steps that employers can take in preparation for these changes: 

• Ensure that HR and onboarding teams are made aware of the requirement to provide a statement to new starters alongside their written statement of employment particulars. 
• Consider whether a direct or indirect method of informing existing workers of their right to join a trade union is to be adopted: 
  • If a direct method is to be adopted - ensure that controls are in place so that the statement is issued to all existing workers by 5 April 2027, and annually thereafter. 
  • If an indirect method is to be adopted - ensure that where the statement is located is continually and reasonably available to workers and that appropriate controls are in place so that workers are reminded annually where to access the statement. 

How can we help?

If you would like to discuss how our team of experienced employment lawyers can support your organisation, please get in touch. You can also find further resources on all things ERA 2025 on our ERA 2025 hub.