URGENT UPDATE: TRADE UNION RIGHTS AND TRIBUNAL TIME LIMITS
We have been seeing a significant number of queries about the new statement of trade union rights, which was expected given the original deadline. The Government has delayed the introduction of the new duty requiring employers to tell workers about their right to join a trade union. The measure, introduced by the Employment Rights Act 2025, was due to take effect on 30 October 2026 but will now come into force in January 2027.
The delay affects only this duty. Other trade union reforms are still expected on 30 October 2026, including a new right for trade unions to access workplaces, changes to the recognition and derecognition process and extended protections for workers taking industrial action.
The Standard Statement
The Government will set out a standardised statement in regulations, and employers will not be able to change the wording except to add information specific to their workplace. The statement itself has not yet been published.
The statement will include a brief, neutral explanation of what trade unions do, a list of and information on any recognised trade unions or statutory access agreements, and a summary of workers’ statutory rights in relation to union membership. Employers must also either include a link to the Certification Officer’s list of trade unions or provide a copy of the list alongside the statement.
The Government has said the statement is intended to help workers make an informed choice about whether or not to join a union, rather than to promote membership. Employers will still be free to share additional information through separate channels.
Who Needs To Receive It And When
New workers must receive the statement directly, at the same time as their written statement of particulars, which in most cases will be their contract of employment.
Workers who are already employed when the duty begins, and who remain employed on 5 April 2027, must receive the statement by that date. Employers can provide it to existing staff directly or indirectly, for example through an intranet or HR portal, as long as it is reasonably accessible.
Where existing workers are informed directly, this must be repeated every year by 5 April. Where indirect methods are used, the statement must remain continuously available, workers must be told where to find it and an annual reminder must be issued. If the statement is moved, workers must be told directly.
If there is a change to the recognised unions or statutory access agreements in place, the statement must be reissued within one month.
The duty will be enforced in the same way as the existing requirement to provide a written statement of employment particulars.
What employers should do now
There is no need to issue anything yet. Because the Government will prescribe the wording, employers should resist the temptation to draft their own version of the statement in the meantime. The time is better spent getting the practical arrangements in place so that the statement can be rolled out smoothly once the regulations are confirmed.
A good starting point is the onboarding process. Employers should look at how written statements of particulars are currently issued and work out where the new statement will fit alongside them for anyone starting from January 2027.
For existing staff, employers will need to choose between direct communication, such as email, post or handing the statement over in person, and an indirect approach, such as placing it on the intranet or in the staff handbook. The right choice will depend on the size and make-up of the workforce, and some employers may find that different methods suit different groups.
Employers that recognise a trade union, or have a statutory access agreement in place, should gather the relevant details now, including contact information and which parts of the workforce are covered. It is also sensible to decide who will be responsible for keeping track of any changes to these arrangements, given the one-month deadline for reissuing the statement.
HR systems and records should be checked to make sure the duty is captured for all workers, not just employees, as it applies more widely than some employers may assume. A recurring reminder should be added to the HR calendar ahead of 5 April each year, and employers should keep a clear record of when and how statements and annual reminders have been provided, so they can demonstrate compliance if challenged.
Finally, employers should watch for the final regulations, which the Government expects to lay before Parliament in November 2026, with detailed guidance to follow shortly afterwards. These may add to or refine the position set out in the consultation response. With the duty starting in January, preparing now will also avoid a last-minute rush over the Christmas period.
Employment Tribunal Time Limits Extended To Six Months
In a separate development, the time limit for bringing most employment tribunal claims has doubled from three months to six months with effect from today (01.10.2026). The longer limit applies where the event that gives rise to the claim takes place on or after 1 October 2026. In dismissal cases, this will normally be the effective date of termination. For other types of claim, it will usually be the date of the act or failure to act being complained about or, where there has been a series of similar acts or failures, the date of the last one in the series.
Until now, most tribunal claims had to be brought within three months of the relevant event, subject to any statutory extensions. This change applies to all the common claims such as unfair dismissal, discrimination claims, NMW claims and breach of contract.
The six-month limit will only apply where the effective date of termination, the date of the act or failure complained of, or the last in a series of similar acts or failures, falls on or after 1 October 2026. Where a dismissal or the conduct complained of took place entirely before that date, the three-month limit will continue to apply. The existing rules on extending time limits to allow for Acas early conciliation are unaffected.
The changes apply in England, Wales and Scotland, with one exception: the time limit for breach of contract claims in Scotland has not yet been extended. This is expected to follow on 9 November 2026 under the draft Employment Tribunals Extension of Jurisdiction (Amendment) (Scotland) Order 2026.
We will be alert to new claims coming in as to which deadline applies. It is expected the first tranche of claims will have the 3-month time limit if they involve discrimination, but we will be alive to that when a claim is forwarded to us for advice or drafting.
As always, this advice is general in nature and should be tailored to the circumstances of any individual case. As an RMI member, you have access to the RMI legal advice line, as well as a range of industry experts who can assist you. If you find yourself facing any of the issues outlined above, please contact us at any stage for advice and support as appropriate.
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