From 1 January 2027, employers will need to build a new trade union information requirement into their onboarding and wider HR processes. New workers will need to receive a prescribed statement about their right to join a trade union, while employers will also need to make the statement available to their existing workforce and keep it up to date.
The Employment Rights Act 2025 (ERA 2025) created the new duty and the government has now published its response to the consultation on how it will work in practice. This gives employers greater clarity on what they will need to provide, how and when they must communicate the information, and what could happen if they fail to comply.
Employers have slightly longer to prepare than originally expected. The duty was due to come into force on 1 October 2026, but the government has pushed implementation back to 1 January 2027. Employers should use that additional time to consider how the statement will fit into their onboarding arrangements, HR systems and communications with existing workers.
What will employers need to provide?
Employers must provide workers with a written statement explaining their right to join a trade union. The government has confirmed it will produce a standardised statement, meaning you will not need to draft the core wording . Instead, you will only be able to amend the prescribed statement to add certain specified information about your own workplace arrangements. You must also either include a link to the Certification Officer’s list of trade unions or provide a copy of that list alongside the statement.
Where you recognise a trade union, you must include additional factual information, such as the staff groups, grades and workplace locations the union represents. The intention is to create a relatively consistent approach across employers, while allowing the statement to reflect relevant union arrangements within a particular organisation.
What will the statement say?
The prescribed statement will use clear and neutral language. It is expected to cover:
- the worker’s right to join a trade union;
- a brief explanation of what trade unions do;
- details of any recognised trade unions including their contact details (this should be the head office of the union rather than a named individual);
- details on trade unions with any statutory access agreements; and
- a summary of relevant statutory rights.
How must employers provide the statement?
The rules will differ depending on whether the individual is a new workeror an existing worker. For new workers, you must provide the statement directly at the same time as their written statement of employment particulars (often referred to as the “section 1 statement”). This means building the new statement into your standard onboarding process rather than treating it as a separate communication.
For existing workers there is more flexibility. You may provide the statement directly, such as by emailing it to workers, or indirectly, such as through an intranet, employee handbook or accessible HR system. If you take the indirect approach, the statement must remain reasonably accessible and you must tell workers where they can find it.
Think about accessibility in practical terms. An intranet approach, for example, may not be suitable if some workers do not routinely use a computer, have a company email address or have easy access to the organisation’s HR systems.
How often will employers need to provide it?
The requirements depend on the method you choose for existing workers. Where you use the direct method, you must provide the statement to existing workers by 5 April 2027. You must then provide the statement annually by 5 April each year.
Where you use an indirect method, the statement will need to remain continuously and reasonably accessible. You also need to remind workers annually that the statement is available and tell them where they can find it. If its location changes, you must notify workers directly.
There is also an additional requirement when union arrangements change. If the identity of a union holding recognition or statutory access agreements changes, you must update and reissue the statement within one month.
What happens if an employer does not comply?
The government’s response confirms that the new duty will be enforced in the same way as the obligation to provide a written statement of employment particulars. In practical terms, failure to provide the required trade union statement will not ordinarily result in a standalone compensation award. However, if the worker successfully brings certain other employment tribunal claims, the tribunal may make an additional award of between two and four weeks’ pay, subject to the statutory cap on a week’s pay (currently £751).
What should employers be doing now?
Although the new duty will not come into force until 1 January 2027, start considering how you will incorporate it into your existing HR processes:
- Review onboarding processes:HR and onboarding teams should be made aware that, from 1 January 2027, you must provide the prescribed statement to new starters alongside their written statement of employment particulars. Build this into onboarding checklists, HR systems and template communications.
- Choose an approach for existing workers:Decide whether you will provide the statement directly each year or make it continuously available through an indirect method, such as an intranet, handbook or HR platform, taking account of workers who may not have routine access to email or intranet systems.
- Diarise 5 April annually: If you choose a direct method of delivery, put systems in place to ensure the statement reaches existing workers by 5 April 2027 and annually thereafter. If you choose indirect delivery, establish a process for issuing the required annual reminder.
- Review union arrangements: If you have a recognised union or statutory access agreement (once the right to reasonable access comes into force on 30 October 2026), check that you hold accurate information about the unions involved and the workers and workplaces covered.
- Allocate responsibility for updates: Establish a clear process for updating and reissuing the statement within the required one-month period after changes to union recognition or statutory access arrangements.
- Keep records: Retain evidence of when and how you provided statements and annual reminders. This should make it easier to demonstrate compliance if an employee later brings a complaint.
What happens next?
The key outstanding piece of the puzzle is the prescribed wording of the statement itself. Once the government publishes this, you will be able to finalise your templates and processes and identify exactly what workplace-specific information you need to add. The government will set out the detailed requirements in secondary legislation and plans to publish further guidance in November 2026.
For now, you do not need to issue your own version of the statement. Instead, focus on preparing HR systems and onboarding processes, and deciding how you will communicate with existing workers. With the new duty taking effect from 1 January 2027 and the first deadline for existing workers following on 5 April 2027, there is a relatively short window to put those arrangements in place.
