Statement on right to join a trade union
The new requirement for employers to give workers a written statement about their right to join a trade union has been delayed.
The requirement was due to come into force on 30 October 2026. However, the consultation outcome, the government's updated timeline and full response suggest that January 2027 is the most likely start date.
Employers will need to give the statement to all new workers who start on or after the duty takes effect. It must be provided at the same time as their written statement of employment particulars. Existing workers must receive the statement annually, with the first deadline being 5 April 2027.
The Government will set out a standard statement in regulations, which have not yet been published. Employers will need to use the prescribed wording and may only amend it to add information specific to their workplace. The statement must include a link to the Certification Officer’s list of trade unions, or employers must provide a copy of that list with it.
The Government’s response indicates that employers may give the statement directly to existing workers or make it available in an accessible location, such as an intranet. If they use this second option, they must tell workers where to find it, ensure it remains readily accessible and send workers an annual reminder.
Public outsourcing reforms
The ERA 2025 is also expected to make significant changes to public sector outsourcings. The aim is to prevent a “two-tier workforce” from developing after a TUPE transfer. Once the new rules take effect, public sector contracting authorities must take all reasonable steps to include specific provisions in relevant outsourcing contracts. These provisions are intended to prevent former public sector employees and the supplier’s existing employees from being treated less favourably than each other when working on the same contract.
This reform was also due to come into force on 30 October 2026. However, it has now been removed from the Government’s implementation timetable. The Government has not explained why it has been removed from the timetable, or announced a revised implementation date.
Other October ERA reforms
At the moment, the other ERA 2025 reforms planned for October 2026 appear to be going ahead. Our updated Employment Rights Act 2025 checklist summarises the reforms expected to come into force in October 2026 and the practical steps employers can take to prepare.
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