From January 2027, on the government's timetable. On 25 September 2026 the government published its response to the consultation on the duty to inform workers of their right to join a trade union, which is in the Employment Rights Act 2025. The response says the duty is intended to come into force between December 2026 and January 2027; the government's timeline update of the same day lists it under January 2027. (Sources, the government response, executive summary; the timeline update.)
What the statement says. The government will provide a standardised statement in regulations, which employers may not amend except to add specific workplace information. It will give clear, neutral information on the right to join a union, a brief explanation of what unions do, a list of any recognised unions or statutory access agreements where they exist, and a summary of statutory rights. Employers must include a link to the Certification Officer's list of trade unions or provide a copy of the list with the statement. (Source, the executive summary above.)
Who gets it and when. New workers receive it directly, at the same time as their written statement of employment particulars. Existing workers receive it either directly, every year by 5 April, or indirectly, provided the statement stays continuously and reasonably available, they are told where it is, and they receive an annual reminder. If the location changes they are told directly, and if the recognised unions change the statement is reissued within one month. The consultation received 307 responses. (Source, the executive summary above.)
What it means for a recruitment agency. The duty applies to every worker, and the temps an employment business engages under a contract for services are its workers. From January the registration pack for a new temp therefore carries three documents, the written statement of particulars, the Key Information Document and the union statement, and existing temps on the books are existing workers who get it by one of the two routes above. The wording is the government's, so there is nothing to draft, only a process to set and a record to keep.
Every date through 2027 is on our Employment Rights Act timeline, and the agency workers guide covers the registration documents. BIOR Agency Members can put questions to Ask BIOR in writing. Membership includes the certification assessment, and every certified agency can be checked at ior.org/verify.
Written by The BIOR Membership Team. Published 30 September 2026. Sources checked 30 September 2026.