Employment Rights Act update: Government confirms January 2027 start date for new trade union information duty

The Government has confirmed that the new duty requiring employers to inform workers of their right to join a trade union will now come into force in January 2027, rather than on 30 October 2026 as previously anticipated. The revised implementation accompanies the publication of the Government’s response to its consultation on how the new duty will operate in practice.

The duty forms part of the wider package of trade union reforms introduced by the Employment Rights Act 2025 and will require employers to provide workers with a written statement informing them of their right to join a trade union. While the additional implementation period will be welcomed by many employers, the Government’s response also provides greater clarity on the practical steps companies will need to take ahead of January 2027.

What will employers need to do?

Perhaps the most significant point to emerge from the consultation response is that employers will be required to use a standardised statement prescribed by the Government. Employers will not be permitted to amend the wording, other than to include certain workplace-specific information.

The statement will contain:

• a brief explanation of the role and functions of trade unions;
• information about any recognised trade unions and/ or statutory access agreements, where applicable;
• a summary of workers’ statutory rights relating to trade union membership; and
• either a link to the Certification Officer’s list of trade unions or a copy of that list.

The Government has emphasised that the information provided should be clear, neutral and factual.

Different requirements for new and existing workers

The consultation response sets out slightly different requirements in respect of new and existing workers.

For new workers, the statement must be provided directly and at the same time as the written statement of employment particulars. In practice, employers are likely to incorporate this into their employment contracts as part of the onboarding and recruitment processes.

For existing workers, employers will have slightly more flexibility. The statement may be provided either directly or indirectly, provided that it remains reasonably accessible to the worker. However, employers adopting an indirect approach will need to provide workers with an annual reminder of where it can be found and notify them if its location changes. Employers choosing to issue the statement directly must reissue it annually by 5 April.

Keeping information up-to-date

The Government has also confirmed that employers will need to take action where industrial relations arrangements change. If there is a change to the identity of a recognised trade union or a statutory access agreement, an updated statement must be issued within one month of the change.

This means employers with recognised trade unions, or those that may become subject to statutory access arrangements under the wider trade union reforms, will need processes in place to ensure information remains accurate and compliant.

What should employers be doing now?

The final regulations and prescribed wording are still awaited, but the direction of travel is now clear. Although the new duty will not take effect until January 2027, employers should use the additional preparation time to review onboarding documentation and employment contracts, determine how they will communicate the statement to existing workers and implement processes for annual reminders.