PROPOSED CHANGE: A new duty on employers requiring them to provide their workers with a written statement informing them of their right to join a Trade union is to be introduced under the Employment Rights Bill, currently proceeding through Parliament. A new section 136A will be introduced into the Trade Union and Labour Relations (Consolidation) Act 1992 and will require employers to give such a statement at the same time as a statement of written particulars of employment under section 1 of the Employment Rights Act 1996. The duty will be enforced using the existing enforcement mechanism that applies to a failure to provide the written statement of particulars of employment, set out in section 38 of the Employment Act 2002. Other details (including the form, the frequency and manner of communication of the statement) will be set out in separate regulations. The Bill confirms that this proposed change will come into force in accordance with those regulations. For further information on the Employment Rights Bill and to track its progress, see Practice Note: Employment
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