ERA 2025: Duty To Inform Workers Of Their Right To Join A Union

From January 2027, employers will be under a new duty to inform workers of their right to join a trade union. Introduced by the Employment Rights Act (ERA) 2025 to address declining awareness of trade union rights, the duty was originally due to come into effect in October 2026. However, the government's recent consultation response confirms that implementation will now take effect in the new year.

Employers will need to provide the prescribed information to all new workers from January 2027, with all existing workers required to receive the information by 5 April 2027.

In this article, we explain what employers will need to do to comply, what information must be provided and when, and the potential consequences for failing to comply.

What information will employers need to provide?

The government has confirmed it will provide a standardised statement for employers to issue. The statement will provide "clear, neutral and factual information" on:

• a brief overview of the functions of a trade union;
• the fact a worker has a right to choose whether to join a trade union;
• a copy of, or link to, the Certification Officer's list of trade unions;
• information on any recognised trade union;
• the contact details for any trade union (this should be to the head office of the union itself rather than a named individual);
• information about any unions with statutory access agreements; and
• a summary of statutory rights in relation to trade union membership.

Employers will not be permitted to edit the information in the statement, other than to add certain specific workplace information. For example, where an employer recognises multiple unions across different sites or groups of employees, employers must specify the staff groups or locations covered. However, employers will be able to share "additional information through separate channels if they wish". This could include, for example, direct contact details for the relevant trade union representatives on an intranet page.

How do employers need to provide the information?

The government's response distinguishes between 'direct' and 'indirect' delivery of information. No clear definitions are provided, but the response suggests that direct delivery could be by email, in person or by post, whereas indirect methods could involve intranets, HR systems or notice boards.

For employers that provide the information indirectly, workers must be informed in writing where the statement is located, and employers will need to ensure that the information remains continuously and reasonably accessible. If the information changes location, employers will need to issue a direct update about its location within one month of the change taking effect.

When do employers need to provide the information?

After the obligation comes into force, employers will need to provide the information to both new and existing employees. The method of providing information to these two groups differs slightly:

• For new employees, ie who are hired after the obligation is brought into force, the statement should be provided directly at the start of their employment. The statement should be sent at the same time as the new employee's written statement of employment particulars (generally contained in their contract of employment).
• For existing employees, employers can provide the information either directly or indirectly and must do so by 5 April 2027.

Employers will need to issue annual reminders to workers of the information by 5 April in each year. Again, this can either be delivered directly, by reissuing the statement to workers, or indirectly, by issuing an annual reminder about where they can find the information.

Employers will also need to reissue the information if the recognised trade union or trade union with an access agreement changes, within one month of the change.

What are the consequences of non-compliance?

An employee or union cannot sue solely for a failure to provide the relevant information. However, if an employee successfully brings a claim before the tribunal and, at the time the claim was brought, the employer is in breach of its obligations, the tribunal must award compensation. The tribunal must award the employee two weeks' pay and may award four weeks' pay if it is just and equitable to do so. A week's pay will be subject to the normal cap for calculating awards in the tribunal, currently £751.

When are the obligations coming into force?

This duty was originally due to come into force on 30 October 2026. However, the government has confirmed this has been revised to January 2027 and the ERA implementation timeline has been updated accordingly.

The government's executive summary indicates that the duty will come into force on 1 January 2027, though employers should keep an eye on the ERA implementation timeline for confirmation of the specific date.

Practical steps

Employers have more time than originally thought before these rights come into force, though we are (again) waiting on the government to confirm the regulations and publish the standardised statement. Employers may want to start preparing now by taking the following steps:

1. Review your onboarding processes: ensure that those responsible for sending initial documents to new hires are aware of, and ready for, the upcoming obligations, especially if any hires are planned for January 2027.
2. Review the unions you recognise: if you recognise multiple unions in one workplace, ensure that you have sufficient information about which sites or workers those unions represent in good time.
3. Diarise 5 April annually: ensure that your annual reminders have been sent to all workers by 5 April 2027 and in each subsequent year. You could face an increased tribunal liability (or higher demands for settlement sums) if you have not complied with the obligations.
4. Consider how to keep individuals continuously updated: consider where best to keep the required information throughout the year. For example, by building a trade union-specific intranet page.
5. Don't forget other changes that are still coming into force in October 2026!

While this obligation's implementation has been delayed, October still sees other rights and obligations being brought into force later.

On 1 October 2026, the time limit for bringing a claim before the employment tribunal increased from three months to six months.

In addition, other changes are being brought into force on 30 October 2026, including:

• Rights of trade unions to access the workplace and other trade union reforms (see here).
• Employers' duty to take all reasonable steps to prevent sexual harassment of employees (see here).
• Employer liability for third-party harassment of their employees (see here).

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.