The roll out of legislative change under the Employment Rights Act 2025 (‘ERA 2025’) continues. The government has confirmed that the new statutory duty requiring employers to inform workers of their right to join a trade union will now come into force on 1 January 2027, rather than 30 October 2026 as originally expected. The change follows consultation with employers and trade unions on how the duty should operate in practice. The government’s response to the consultation was published on 25 September 2026 and an executive summary is available here.
For schools, academy trusts and other education employers, the practical impact may be less significant than for non-unionised workplaces. Most schools already have an established trade union presence through recognised education unions such as the NEU, NASUWT, NAHT, ASCL, Unison, GMB and Unite, together with existing arrangements for consultation and collective bargaining. Nevertheless, the new duty introduces a formal compliance requirement that all employers, including schools, must follow.
What is Changing?
Under ERA 2025, employers will be required to provide workers with a prescribed written statement informing them of their right to join a trade union. There will be a standardised statement set out in regulations which employers must use and cannot amend except to add specific workplace information.
The statement will contain:
- Information about the role and functions of trade unions.
- Information about recognised trade unions and contact details where applicable.
- Information about any statutory trade union access agreements.
- A summary of workers’ statutory rights relating to union membership.
- Information relating to the Certification Officer’s list of trade unions by including a link to the Certification Officer’s list of trade unions within the statement or providing a copy of the list alongside the statement..
The Certification Officer (‘CO’) is an independent statutory officeholder in Great Britain responsible for regulating and overseeing trade unions and employers’ associations. The CO’s current list of trade unions can be found here.
When is this change happening?
The implementation date is currently set for 1 January 2027 (having been delayed from 30 October 2026). Please see further below for key dates.
What does the delay mean?
The delay from 30 October 2026 to 1 January 2027 will be welcomed by many schools and academy trusts, particularly those managing multiple schools. It provides additional time to align implementation with other workforce reforms taking effect under the government’s wider employment law agenda.
Schools already operate in a heavily unionised sector why does this change matter?
Unlike many private sector employers, schools are already highly unionised environments. Most teaching and support staff are familiar with trade union representation and many schools already provide union information through induction programmes, staff handbooks, consultation policies and local recognition agreements. There is often a local union rep available within the workplace, union literature is freely distributed on staff notice boards and schools will offer a meeting space and facility time to staff to carry out their roles as trade union representatives.
However, schools should not assume that this will comply with the new duty – it will not. The new duty is not satisfied merely because unions are active within the workplace. Schools will need to ensure they comply with the statutory requirements regarding the content, timing and method of communication about the right of workers to join a trade union.
The obligation applies irrespective of:
- Whether the school already recognises one or more unions.
- Whether staff are already union members.
- The size of the school or academy trust.
- Existing industrial relations arrangements.
Practical Implications for schools and academy trusts
New Starters
From 1 January 2027, the prescribed statement must be provided directly to new staff at the same time as their written statement of employment particulars (also known as the ‘Section 1 Statement’). This means schools could incorporate the statement into:
- New starter / induction packs.
- The Section 1 Statement.
- Electronic onboarding systems.
- Appointment and induction processes.
Existing Staff
Schools will have more flexibility in relation to existing staff. The statement can be:
- Issued directly to employees (for example by email); or
- Made available indirectly through an intranet, staff portal or handbook, provided it remains reasonably accessible.
Where existing workers are informed directly, this must be repeated annually by 5 April of each year.
Where employers choose to make the statement available indirectly, they must ensure that it remains continuously and readily accessible to workers. An annual reminder must also be issued advising workers where the statement can be found. If the statement is subsequently moved to a different location, workers must be notified directly of the change.
Following implementation on 1 January 2027, existing staff must be informed of the right to join a trade union using the standardised wording no later than 5 April 2027.
Duty applies to workers not just employees
Schools are reminded that the new duty will apply to all workers and not just employees, which will likely capture a greater number of a school’s workforce and will include, for example, agency workers, zero-hour contract/casual workers and possibly even peripatetic teachers depending on how they are engaged. That means that new starter information for new joiners and any statement and/or annual reminder issued to existing staff will also need to be updated for all workers engaged by a school or trust, not just employees.
Key Considerations for Schools and Academy Trusts
Education employers should consider using the additional implementation period to:
- Review recruitment, onboarding and induction materials and processes to ensure the prescribed statement can be incorporated quickly once final guidance is issued.
- Check whether existing staff handbooks and intranet platforms provide a suitable location for the statement to be made to existing staff.
- Identify all recognised unions within the organisation and ensure contact information is accurate and up to date.
- Consider whether existing annual HR compliance exercises can be used to deliver the required reminder.
- Brief HR teams, school business leaders, Headteachers and anyone else involved in onboarding new starters or ongoing compliance with the new requirements.
What are the consequences of non-compliance?
This will require further clarification. However, if the employer fails to provide a written statement of trade union rights it is anticipated that this is to be dealt with in the same way as a failure to provide a Section 1 Statement. Such a claim cannot be brought as a standalone cause of action and must be attached to another, substantive, claim (for example unfair dismissal, discrimination or detriment concerning trade union activities). Compensation is ordinarily 2-4 weeks’ pay, in addition to any compensation awarded in respect of the substantive claim.
When will further information/guidance be available?
The government is expected to publish the final regulations and guidance, along with the template wording to use for the statement to inform staff, in or around November 2026, at which point schools should review the prescribed wording and update documentation accordingly.
Key Dates
Date | Requirement |
25 September 2026 | Government consultation response published |
November 2026 (expected) | Secondary legislation and detailed guidance expected, including the mandatory template wording for informing staff |
1 January 2027 | New duty comes into force and new starters to be informed from this date on, as and when they join the organisation |
5 April 2027 | Last date by which existing workers must have received the required information, if still employed on that date |
Annually thereafter by 5 April each year | Reminder or re-issue obligation applies |
This briefing is not intended to be a definitive statement of the law and is correct at the time of publication. It should not be taken as a substitute for professional legal advice. It does not represent the views of Winckworth Sherwood or any of the authors.
If your school or MAT require advice and assistance in relation to the new duty to inform right to bereavement leave, including with regard to updating policies and procedures, or if you need support with any other school HR or employment law related matter, please contact Winckworth Sherwood’s dedicated Schools HR helpdesk on schoolshr@wslaw.co.uk or 0345 026 8690.