Section 58 — Right to statement of trade union rights

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert— 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.

(3) In section 284 (exceptions for share fishermen)—

(a) after “in the case of” insert “section 136A and”;

(b) before “sections 137 to 143” insert— section 136A (right to statement of trade union rights), .

(4) In section 285 (exceptions for employment outside Great Britain)—

(a) in subsection (1), before “sections 137 to 143” insert— section 136A (right to statement of trade union rights), ;

(b) in subsection (1A), for “Sections 145A to 151” substitute “Section 136A, and sections 145A to 151,”.

(5) In section 286 (power to provide for other exceptions), before “sections 145A to 151” insert “section 136A (right to statement of trade union rights) and”.

(6) In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert “136A(5),”.

(7) In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—

(a) in subsection (2)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992 (duty to give a written statement of trade union rights),”;

(b) in subsection (3)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992,”.