The Government has confirmed (on 25 September 2026) that the new duty, which had been expected to take effect on 30 October 2026, is now intended to come into force on 1 January 2027. Further regulations are yet to be published, but we expect these to be laid before Parliament in November 2026 (although this is subject to change). At the same time as announcing this change, the Government also gave its response to the consultation, giving more detail as to what employers can expect.
Does the duty apply to ALL employers?
The duty will apply to all employers, regardless of size. Plus – and importantly – the duty applies to workers, not just employees.
What will employers have to tell workers?
In its consultation response, the Government has confirmed that employers will have to provide workers with a “Government-standard” written statement explaining workers’ trade union rights. Employers will not be free to change the given wording, although it will be able to add any workplace-specific information.
What will the statement cover?
The statement will:
- tell workers what trade unions do;
- provide a summary of workers’ statutory rights relating to union membership;
- make it clear that workers can choose whether to join a union;
- clarify that unions may charge a membership fee;
- confirm any recognised trade unions and their contact details;
- confirm if any trade unions have statutory access agreements and provide their contact details; and
- provide the Certification Officer’s official list of trade unions.
How should the statement be given to workers?
The “how” will depend on whether the worker is “new” or “existing.”
For new workers, the statement must be given directly when they start work, at the same time as their written statement of employment particulars (i.e. their Section 1 Employment Rights Act 1996 statement). However, for existing workers, employers have the choice of providing the statement “directly” or “indirectly.”.
What does “directly” and “indirectly” mean and what do employers need to think about?
Subject to the final regulations, I would expect examples of direct communication to include:
- via personal email;
- giving the worker a hard copy letter; or
- providing it personally through an onboarding/HR system.
The emphasis here is on personal delivery (and keeping a record of this).
If the employer chooses the direct route, it must provide the statement directly to workers annually by 5 April.
Indirect delivery would be, again subject to the final regulations, putting a statement on the employer’s intranet or on a noticeboard. However, if an employer chooses the indirect delivery method, this doesn’t mean they can simply upload a statement and leave it there. Employers should choose a location where workers can easily access it, and the worker must be signposted to where the statement is located. As with the direct method, the employer must send the worker a direct annual reminder by 5 April telling them that the statement is available and where to find it.
The Government has confirmed that, when the duty comes into force in January 2027, employers will be required to issue the statement to all new workers that join from that date onwards. However, for existing staff the statement must initially be delivered by 5 April 2027.
Key issue – employers will need to think about workers who do not routinely have access to email or an intranet, such as some site-based, retail or warehouse workers. Accessibility should therefore be assessed on an individual worker basis. A one-size approach may not work for all employers. Also, employers will need to plan and timetable for the annual reminder.
What should employers do now?
The big takeaway is that employers will not need to draft their own statement, the Government will provide the required wording, although further detail will be set out in regulations which are still awaited. However, employers are going to have to think about the way in which the statement is delivered and put in place processes and reminders.
Key focus areas include:
- keep a watching brief for the Government’s standardised statement wording and tailor the wording (as required and as permitted);
- review your onboarding processes to ensure that the statement is included for new hires from 1 January 2027;
- identify everyone within the wider “worker” population who will need to receive the information;
- decide where the statement can be sited on an intranet and if this will capture all your workers. If not, consider whether both direct and indirect methods should be used;
- establish a process for the annual reminder to existing workers (remember the 5 April date); and
- check details of any recognised unions or statutory union access agreements that will need to be included.
What happens if employers get this wrong?
Regulations containing further information on the new duty are expected to be laid before Parliament in November 2026, although this is always subject to change. However, we expect that there will be no standalone right for a worker to bring an employment tribunal claim where their employer has failed to comply with the duty. If a worker succeeds in another employment tribunal claim, the employer’s failure to comply could result in an additional award of two to four weeks’ capped pay. However, as always, watch this space.
Don’t confuse this change with the NEW trade union access rights
The new trade union right of access (digital and physical) has not changed and is still on track for the 30 October 2026. Do not stop your preparations for this.
We are here to help
Trade union rights and the Employment Rights Act 2025 changes are new to many HR professionals and managers. If you need help understanding, planning, or implementing the changes – or to discuss what these changes may mean for your business, then please reach out.
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