Section 136A — Trade Union and Labour Relations (Consolidation) Act 1992: Right to statement of trade union rights

Right to statement of trade union rights 136A 1 A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.

2 The statement must be given—

a at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);

b at other prescribed times.

3 The Secretary of State may prescribe—

a information that must be included in the statement;

b the form which the statement must take;

c the manner in which the statement must be given.

4 The information prescribed may include that the worker has rights conferred by this Part.

5 For the purposes of this section—

a “ worker ” and “ employer ” have the same meaning as in the 1996 Act (see section 230 of that Act);

b 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;

c “ the 1996 Act ” means the Employment Rights Act 1996.

6 Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.

7 See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.