Trade Union Statement Duty Delayed to January 2027
Following its consultation response published on 25 September 2026, the government has revised the implementation timeline for the mandatory trade union rights statement. Originally planned for 30 October 2026, the statutory duty will now come into force in January 2027. The exact date has not yet been specified but the expectation is that it will be 1 January 2027. Employers will need to give the statement to all new workers who start from when the duty comes into force in January 2027 and to all existing workers by 5 April 2027.
The Employment Rights Act 2025 (ERA 2025) will insert a new section 136A into the Trade Union and Labour Relations (Consolidation) Act 1992, requiring employers to issue workers a written statement informing them of their right to join a trade union.
Key Requirements & Regulations
Form & Model Template: Employers must use a government-provided standardised statement, editable only to insert required workplace details (e.g., bargaining groups, grades, and locations represented by recognised unions). The statement must include a link to (or copy of) the Certification Officer’s list of registered trade unions. The government is engaging with Acas to finalise model wording. We will send a further update to clients once the wording for this statement is published.
Content: The written statement will contain clear, neutral information on union functions, statutory membership rights, recognised unions, unions holding statutory access agreements and the Certification Officer's list of trade unions.
Manner of Delivery:
New Starters: Must be delivered directly alongside their Section 1 written statement of employment particulars.
Existing Staff: May be delivered directly or indirectly (e.g., via an intranet portal), provided indirect methods remain reasonably accessible and workers are informed of the location.
Frequency & Update Triggers:
Direct Delivery (Existing Staff): Must be reissued annually by 5 April each year.
Indirect Delivery: Requires continuous accessibility, an annual reminder of its location, and immediate notice if the location changes.
Change in Union Recognition: The statement must be reissued within one month of any change in union recognition or statutory access agreements.
Next Steps for Employers
Audit Recognition & Access Agreements: Determine whether your organisation has recognised trade unions or statutory access agreements, and compile the precise factual data required (e.g., bargaining groups, grades, and workplace locations).
Delivery Strategy & Timelines: Decide whether direct delivery or indirect hosting (e.g. via an intranet) works best for existing staff. Set up internal calendar triggers for annual reminders, such as the 5 April direct delivery deadline.
Update Onboarding & HR Systems: Integrate the finalised, populated template statement directly into recruitment, HRIS, and onboarding workflows once it is published by the government so it automatically issues to new starters alongside Section 1 statements starting from when the new duty comes into force in January 2027.
If you need support navigating trade union relations, audits or preparing for the 1 January 2027 duty, please contact our team on 01342 347063 or email hello@starfordlegalhr.com