Subsection (1) creates a requirement on an employer to provide to an employee a written statement of the worker’s right to join a trade union.
	Subsection (2) provides for the specific situations in which the written statement of the worker’s right to join a trade union must be provided.
	Subsection (2) paragraph (a) establishes that the written statement of the worker’s right to join a trade union must be provided to the employee by the employer at the same time as the employer provides the worker with a statement of their employment particulars as specified under section 1 of the ERA 1996.
	Subsection (2) paragraph (b) specifies that the written statement of the worker’s right to join a trade union must also be provided to the employee by the employer ‘at other prescribed times’. These ‘other prescribed times’ will be detailed in secondary legislation.
	Subsection (3) sets out that the Secretary of State may prescribe the following specifics of the written statement of the worker’s right to join a trade union. Subsection (3) paragraph (a), the information that must be included in the written statement. Subsection (3) paragraph (b), the form that the written statement must take. Subsection (3) paragraph (c), the manner in which the written statement must be given to the employee.
	Subsection (4) sets out that the written statement of the workers right to join a trade union may also include information that the employee has rights conferred by this part (4) of the Employment Rights Act.
	Subsection (5) sets out that in this section (section 42 of the Employment Rights Act), the meaning of the terms "worker" and "employer" have the same meaning as is specified in Section 230 of the ERA 1996. This is as follows: Worker: means "an individual who has entered into or works under (or, where the employment has ceased, worked under)- (a) a contract of employment, or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual." Employer: means "in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed."
	Subsection (6) sets out that under Section 293 of TULCRA, the Secretary of State may by regulations (through the negative statutory instrument process) prescribe anything authorised or required to be prescribed for the purposes of this Act.
	Subsection (7) refers to section 38 of the Employment Act 2002 in relation to the penalties for failing to give a statement in accordance with this section (i.e. failing to provide to an employee a written statement of the worker’s right to join a trade union), and aligns these penalties with those established by the Employment Act 2002 for failing to provide a statement of their employment particulars.
Part 4: Trade Unions and Industrial Action, etc Right to statement of trade union rights New Section 136A