Lewis Silkin Belfast welcomes the response delivered by the Department for the Economy following the ‘Good Jobs’ Employment Rights Bill consultation
The public consultation, which closed in September last year, sought views on significant, potential reforms to NI employment law, including proposed changes to terms of employment, pay and benefits, voice and representation and work-life balance laws.
Having considered the responses, the Department has now outlined a number of proposed measures to bring to the Executive.
Ciara Fulton, partner and head of Lewis Silkin’s Belfast office, says that some of the proposed legislative changes have the potential to significantly impact employers.
“This was the first major employment law consultation in Northern Ireland in over ten years, and it marks an important time for employers across NI.
“Across the four key themes, there are many proposed changes, some with a lower impact on employers in NI and others which will be more significant. We encourage employers to monitor further developments so that they can prepare for changes that may be coming”.
One of the key reforms include provisions to curb exploitative zero-hours contracts while retaining flexibility. Proposed measures include a right to request ‘banded hours’ contracts reflecting regular work patterns as well as reasonable notice of shifts and compensation for last-minute cancellations.
There are also potential changes to the holiday pay calculation reference period from 12 to 52 weeks, which would bring NI in line with GB. Unlike in GB, the Department is not planning to introduce a 2-year backstop for holiday pay claims, leaving NI employers exposed to greater potential financial risk.
Proposals would also see trade unions having greater rights to access to the workplace, as well as the recognition threshold dropping from 21 to 10 employees which may mean a greater number of workers in businesses in NI will have the opportunity to access a trade union. It had been expected that there may be an exemption to these rights for small or micro businesses, prevalent in Northern Ireland, however this is not being taken forward.
The Department is addressing work-life balance through proposals for one week of unpaid carer’s leave per year for employees caring for a family member or dependant with long-term needs, mirroring provisions in Great Britain. While the goal is to make this a paid entitlement, funding is not yet available. Further proposals include new neonatal and enhanced paternity leave, and improved access to flexible working, which will also have to align with a proposed statutory code on the right to disconnect.
Ciara Fulton concludes: “It is expected that the majority of these proposals will be put on the Executive agenda with a draft Bill anticipated in January 2026. However, there are a smaller package of changes which may be introduced more quickly so we urge employers to remain attentive to ensure compliance with the latest legislative updates.”
The Minister has written to the Executive to seek endorsement for her proposals which will then need to be put on the Executive agenda and needs cross party support.
To read more analysis of the ‘Good Jobs’ consultation response, please visit Lewis Silkin’s website.