The Employment Rights Act 2025 introduces a new mandatory written statement requirement. Employers who fail to update their contracts before the deadline face tribunal uplift risk on every subsequent claim.
The Employment Rights Act 2025 introduces a requirement for employers to include a written statement of trade union rights in employment contracts and written statements of particulars. The specific wording will be prescribed by the Secretary of State via regulations โ those regulations have not yet been published as of June 2026, but the commencement date is expected in October 2026.
This builds on the existing requirement under the Employment Rights Act 1996 to provide a written statement of particulars (a “section 1 statement”) within two months of employment starting. The trade union statement adds a new mandatory element to what that statement must contain.
While the precise prescribed wording is pending, the ERA 2025 framework requires the statement to inform employees of:
Where an employee succeeds in a tribunal claim and the employer has failed to provide the required written statement (including the new trade union element), the tribunal can uplift any compensation award by between 2 and 4 weeks’ pay. For employers with multiple employees and high turnover, the cumulative exposure from failing to update contracts can be significant.
Every employer in Great Britain (England, Scotland and Wales) is affected โ there is no small employer exemption. The requirement applies to:
Employers are not automatically required to reissue existing contracts to current employees purely because of this change โ but any contract variation or renewal after the commencement date must include the new statement.
Identify where the written statement of particulars sits in your contract (usually an early section covering employment terms). This is where the trade union rights statement will need to be added once the prescribed wording is confirmed.
The Secretary of State must publish the prescribed form of words in regulations before employers can comply exactly. Using broadly correct language before the regulations are published is good practice but you will need to update again once the exact wording is confirmed.
Build the update into your HR calendar now. If you use an employment contract template, flag it for revision once the commencement order and regulations are published. DocPilot will update its employment contract template immediately when the prescribed wording is released โ Pro subscribers will be notified automatically.
The trade union notice requirement is one of several ERA 2025 changes employers need to track. Already in force from April 2026: SSP from day one, day-one paternity leave, enhanced flexible working rights, neonatal leave. Coming January 2027: unfair dismissal qualifying period drops from 2 years to 6 months. The October 2026 trade union statement sits between these two significant milestones.
Employers who have not yet updated their employment contracts for the April 2026 changes should treat October 2026 as a consolidation point โ update for both sets of changes at once.
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