Section 136A

A worker’s employer must give the worker a written statement that the worker has the right to join a trade union. The statement must be given— at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars); at other prescribed times. The Secretary of State may prescribe— information that must be included in the statement; the form which the statement must take; the manner in which the statement must be given. The information prescribed may include that the worker has rights conferred by this Part. For the purposes of this section— “worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act); in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given; “the 1996 Act” means the Employment Rights Act 1996. Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes. See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.

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Source: legislation.gov.uk · retrieved 2026-09-04