By Donal Laverty, Consulting Partner
Yesterday’s outlining of an Employment Bill by Minister for the Economy Dr Caoimhe Archibald marks a significant turning point in the region’s approach to employment legislation. The proposals, which are the most detailed breakdown of Sinn Féin’s Good Jobs agenda that we have seen so far, are to be introduced to the Assembly in 2026 once they have progressed through the Executive.
They suggest a robust shift towards strengthening employee protections and codifying fairer treatment in the workplace. If passed, these changes will bring Northern Ireland more in line with progressive employment practices already seen elsewhere in the UK and Europe, and employers and HR professionals will need to be swift in reviewing their policies to ensure compliance.
One of the most immediate and symbolic changes is the move to make the written statement of particulars a Day 1 right, not only for employees but for all workers. This change reflects a growing recognition of the rights of gig workers and those in less secure forms of employment and will make contractual obligations clearer from the outset.
The bill also addresses long-standing concerns surrounding zero-hours contracts. In a bid to curb their misuse, workers on low or zero hours will now be able to request a ‘banded hours’ contract, giving them more predictable and stable working patterns. Similarly, the introduction of rights to reasonable notice of shifts and compensation for last-minute work cancellations signals a shift away from exploitative scheduling practices that disproportionately affect low-income workers.
Another notable Day 1 right under the new proposals would be the right to request flexible working, and allowing two such requests per year, which recognises the evolving nature of work and the demand for work-life balance. Removing the requirement to explain the business impact of such a request also lowers the barrier for employees to initiate discussions about their working patterns. The placement of the onus on the employer to explain why they have denied any such requests also signifies the employee-centred approach of the proposed legislation.
There are further notable extensions to worker entitlements, including the right to payslips for all, with the requirement to itemise hours worked, and the use of a 52-week reference period for calculating holiday pay for those with variable hours rather than the current 12 weeks. This ensures more accurate compensation for casual and part-time staff, reflecting their actual work patterns over the year.
Trade unions, too, stand to benefit from this bill, with the proposed lowering of the recognition threshold from 21 to 10 employees. Coupled with the introduction of e-balloting for industrial action and the potential right to request workplace access, these changes could significantly empower collective bargaining in smaller workplaces.
On the side of family and caring responsibilities, the bill introduces new rights such as one week of unpaid Carer’s Leave per year and Day 1 eligibility for Neonatal Care Leave and Pay for qualifying parents. Enhanced protections from redundancy for pregnant employees and those on family leave, alongside improvements to paternity leave, underline the bill’s aim to support workers balancing employment with family life.
Minister Archibald promised the most significant upgrade to employment legislation in Northern Ireland in 25 years and in that sense, she has certainly delivered. The changes proposed here would be the most radical change to employment conditions here in a long time. While the details will no doubt evolve as the bill makes its way through the Executive, and then the Assembly, employers should begin preparing now for a future that demands a more equitable and employee-centred approach.
To discuss any aspect, please contact Donal Laverty Consulting Partner E: donallaverty@bakertillymm.co.uk T: 028 9032 3466