Employment Rights Act 2025: Right to trade union statement delayed to January

What has the Government decided?

• Form: The Government will provide a standardised statement for employers to issue, which employers cannot 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 Government’s view is that a standardised statement “offers the clearest and most certain way to ensure that workers receive consistent and authoritative information about their rights”.

• Content: The written statement will provide “clear and neutral” information on the right to join a trade union. It will include a brief explanation of union functions, a list of and information on recognised trade unions and/or statutory access agreements (where applicable) and a summary of statutory rights. As it is general information that will be provided, the Government considers that the statement will be suitable across all workplaces regardless of size, sector and structure.

• Manner: The statement must be delivered directly (by email, in person or by post) to new workers at the same time as the written statement of employment particulars at the start of employment. The Government’s view is that this will assist employers “by integrating the duty into established onboarding processes”.

For existing workers, employers will have the flexibility to deliver the statement through either direct or indirect methods (such as an intranet or noticeboards) provided it remains reasonably accessible to the worker “for the full year in question”. Where indirect methods are used, the worker must be informed where the statement is located and receive an annual reminder by 5 April of the year in question informing them that the statement is available and where to find it. If the location of the statement changes, workers must be notified of this directly. The direct or indirect method will be prescribed “at a high-level” to strike a balance between workers reasonably accessing information and employers integrating the statement into “existing workplace communication practices”. 

• Frequency: In reaching its decision, the Government considered the need to maintain awareness of the right while keeping requirements clear, proportionate and manageable for employers. Where they choose to deliver subsequent statements to their existing workers directly, employers must do this on an annual basis by 5 April in the year following the initial delivery and by that date annually thereafter. Where employers use indirect methods to deliver the statement, they will have to ensure that the statement remains continuously and reasonably available to the worker and must issue an annual reminder that the statement is available and where to find it.

It is important that the information remains accurate and if there are any changes, for example, a change to the recognised trade union, an updated statement must be provided within one month of the change taking effect. Similarly, where the statement is provided indirectly and its location changes, employers must inform workers directly and in writing of the new location within one month of the change.

To support implementation, there will be accompanying guidance.

Finally, note that as well as the Government response, an executive summary was also published and this refers to an implementation date of 1 January 2027. However, both the actual consultation response and updated timeline simply refer to January 2027 for now.

Useful links:

• Government response
• Executive summary
• Timeline update