You take on a part-time assistant in January. The contract, the statement of particulars and the payroll form go out in the usual pack. From 1 January 2027, one more page is scheduled to go with them: a statement telling the new worker that they have the right to join a trade union.
Unlike the rest of the pack, this page comes back. The government's plan is that workers already with you when the duty starts, and still with you on 5 April 2027, get it by that date, and that it is given again, or a reminder sent, by 5 April every year after that. This guide covers what the Act says, what the regulations are expected to add, and the two jobs to set up now.
As checked on 10 November 2026, the duty is in section 58 of the Employment Rights Act 2025, which inserts a new section 136A into the Trade Union and Labour Relations (Consolidation) Act 1992. Section 58, Employment Rights Act 2025. So far it is in force only for the purposes of making regulations and an order on excluded classes of employment. SI 2026/3, regulation 2(18). The government's timeline lists the duty among the measures that will take effect on 1 January 2027, and says all future dates remain subject to parliamentary processes and may change. Government implementation timeline.
The regulations that set the content, form and timing have not been laid: as checked on 10 November 2026, none appears in the legislation.gov.uk lists of new or draft UK statutory instruments. The government's employer page, last updated 3 November 2026, expects them to be laid in November 2026, with detailed guidance shortly after, and says the duty covers workers in Great Britain. Government guidance on trade union reform. Everything below about content, delivery and April is the government's stated plan until those regulations are made.
Check what the Act says and what the regulations will add
The Act itself is short. Once it is in force, section 136A will require a worker's employer to give the worker a written statement that the worker has the right to join a trade union. Section 136A, 1992 Act. The statement will have to be given at the same time as the statement of employment particulars, and at "other prescribed times", meaning times the regulations will set. The Secretary of State can prescribe what the statement says, its form and how it is given.
The detail comes from the government's response to its consultation, published on 25 September 2026. Government response: executive summary. It says the government will provide a standardised statement in its regulations, which employers may not amend except to add specific workplace information. It adds that employers will have to either include a link to the Certification Officer's list of trade unions within the statement or provide a copy of the list alongside it.
The government's employer page lists what the statement will include:
- a brief overview of the functions of a trade union
- information on any recognised trade unions, with their contact details and a summary of the worker categories and workplace locations the recognition covers
- information on any unions with which you have a statutory access agreement, with their contact details
- information on the Certification Officer's list of trade unions
- a summary of statutory rights in relation to union membership
So your task is not to write a statement. It is to get the government's version when it is published, add any workplace details that apply, and give it out on time. Where you recognise no union and have no access agreement, the government's plans describe no other workplace details to add, though the link to or copy of the Certification Officer's list still applies. Statutory access agreements can only be imposed on employers with 21 or more workers; our guide to responding to a trade union access request explains that test.
A practical approach until the text appears is to leave a marked placeholder in your new starter pack and not to draft your own version in the meantime.
Give it to new workers with their particulars
From 1 January 2027, the government's employer page says the statement must be given directly to new workers at the same time as the statement of employment particulars. Where you give the particulars in instalments, the Act will treat them as given when the first instalment is given, so the union statement will go with that first part. Section 136A(5).
The duty will be owed to workers, not only employees. Section 136A uses the meaning of "worker" in the Employment Rights Act 1996. That covers anyone working under a contract of employment, or any other contract to do work personally for you, unless you are their client or customer in a business they run. Section 230, Employment Rights Act 1996. Casual and zero-hours staff who work for you personally are likely to be included. Whether someone engaged through an agency or as a contractor is your worker depends on their contract; seek appropriate advice where that is unclear.
A practical approach is to add the statement as a named item in the same email or envelope as the particulars, so one record shows both went together.
Choose how existing workers get it by 5 April 2027
The employer page says workers who were already employed when the duty comes into force, and who are still employed on 5 April 2027, must receive the statement by 5 April 2027. It gives two ways to do it.
Scroll across the table if needed.
| Method | First time | Every year after |
|---|---|---|
| Direct, such as email, post or in person | Give the statement by 5 April 2027 | Give the statement directly again by 5 April |
| Indirect, such as an intranet or staff handbook | Tell each worker where it is; it must stay continuously available and reasonably accessible | Send a reminder by 5 April that it is available and where to find it |
Source: government guidance on trade union reform.
The government response adds two points. Where you rely on the indirect route and the statement moves, you will have to tell workers directly. And where the unions with recognition or a statutory access agreement change, the statement will have to be reissued within one month of the change.
Neither route removes the April task. The indirect route swaps an annual statement for an annual reminder, and adds the job of keeping the document available all year. For a business without an intranet, a practical approach is to email the statement directly to every worker before 5 April each year and keep the sent email. The final choice depends on what the regulations say counts as an indirect method, so confirm it against them once they are published.
Know what happens if a statement is missed
The Act does not create a separate claim for a missed statement. Instead, section 136A points to section 38 of the Employment Act 2002, and section 58 of the 2025 Act amends section 38 to add the union statement. Section 58(7), Employment Rights Act 2025. As checked on 10 November 2026, that amendment is not yet in force, and the current text of section 38 does not yet mention the union statement.
Once it is in force, section 38 works like this. It applies where a worker brings a tribunal claim under one of the jurisdictions listed in Schedule 5 of the 2002 Act. Section 38, Employment Act 2002. If the worker succeeds and the employer was in breach of the duty when the proceedings began, the tribunal must award two weeks' pay, or add two weeks' pay to its award, and may make it four weeks' pay instead if it considers that just and equitable. It need not do so where exceptional circumstances would make the award unjust or inequitable. A week's pay for this purpose is capped at the statutory maximum.
Neither section 136A nor the government's consultation response and employer page sets a record-keeping rule for the statement, though the regulations could add one. A practical record is simple: the date each worker received the statement or was told where it is, the method, and a copy of the version given. A sent email, a signed receipt or a dated handbook acknowledgement each shows it was done.
Put the April date in the diary and name an owner
The next step is to name one person, usually the owner or an operations lead, who does three things:
- adds a placeholder for the statement to the new starter pack now, and swaps in the government's text when it is published
- lists everyone who will be working for you on 1 January 2027, including casual and zero-hours workers, and plans how each will receive the statement by 5 April 2027
- puts a recurring reminder in the diary for March each year, before the 5 April deadline
Check the government's employer page again in late November and before 1 January 2027, because the regulations may change the detail above. Our guide to the Employment Rights Act 2025 key dates shows where this duty sits alongside the other changes starting on 1 January 2027.
Common questions
Do employers have to tell workers about their right to join a trade union?
From 1 January 2027, employers in Great Britain are scheduled to give workers a written statement that they have the right to join a trade union (section 136A, government guidance). As checked on 10 November 2026, the regulations that set its content and timing have not been laid and are expected in November 2026.
When do existing staff need the trade union statement?
Under the government's plans, workers already employed when the duty starts, and still employed on 5 April 2027, are to receive it by 5 April 2027. After that, it must be given directly again by 5 April each year, or, where it is kept on an intranet or in a handbook, a reminder of where to find it sent by 5 April (government guidance).
Can I write my own trade union rights statement?
Not under the government's plans. The government says it will provide a standardised statement in its regulations, which employers may not amend except to add specific workplace information, such as details of recognised unions (government response). Wait for the published text rather than drafting your own.
Does the trade union statement apply to small businesses?
Section 136A, scheduled to apply from 1 January 2027, puts the duty on a worker's employer and sets no headcount threshold (section 136A). It covers workers as well as employees, including people on other contracts to work personally for you (section 230, Employment Rights Act 1996).
This article provides general information for England, Scotland and Wales. It is not advice on an individual situation. Check current guidance and seek appropriate advice before making employment decisions.
Sources checked 10 November 2026.
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