This week the Economy Minister has outlined the proposals to be included in a new NI Employment Rights Bill in response to the public consultation. This proposed bill represents a significant development in the evolution of employment law in Northern Ireland in decades, providing stronger employee protections and introducing mandatory minimum standards across a range of employee statutory benefits. With the Bill expected to progress through the Assembly in 2026, now is a good time for employers to start reviewing their practices and preparing for the upcoming changes.
Key Proposals – What’s Changing and Why It Matters
Ending Exploitative Practices
1. Day 1 Right to Written Statement of Particulars/Contract:
– This right will now extend to all workers, not just employees, ensuring clarity in contractual obligations from the outset.
2. Zero Hours Contracts:
– Workers on zero and low hours contracts will have the right to request a ‘banded hours’ contract, promoting more predictable and stable working patterns.
– Rights to reasonable notice of shifts and compensation for last-minute work cancellations will be introduced, alongside a ban on exclusivity clauses in contracts that do not guarantee income above the Lower Earnings Limit.
3. Fire and Rehire Tactics:
– Dismissing employees for refusing new terms will be automatically unfair, with limited exceptions for financial difficulties.
– A new Code of Practice emphasises that fire and rehire should be a last resort and encourages fair negotiations.
4. Payslips for All Workers:
– The right to written terms and pay statements will be extended to all workers, with a requirement to itemise hours worked.
5. Agency Workers: Ensures equal treatment and transparency in terms and conditions after 12 weeks of continuous employment.
Flexible Working and Work-Life Balance
6. Flexible Working Requests:
– Flexible working will become a Day 1 right, allowing employees to make two requests in a rolling 12-month period without needing to state the impact on the employer.
7. Holiday Pay Reference Period:
– The reference period for calculating holiday pay will be extended from 12 to 52 weeks for those with variable hours or income, ensuring fairer compensation.
Enhanced Family Leave and Carer Support
8. Carer’s Leave:
– A proposal for one week of unpaid leave per year for those caring for family members or dependents with long-term care needs.
9. Neonatal Care Leave and Pay:
– Day 1 eligibility for neonatal care leave and statutory pay for parents whose babies enter neonatal care following birth, subject to certain qualifying conditions.
10. Redundancy Protections:
– New protections from redundancy for pregnant employees and those on certain family-related leaves, along with enhancements to existing paternity leave arrangements.
Modernised Trade Union Framework
11. Strengthening Trade Union Recognition:
– The recognition threshold for trade unions will be reduced from 21 to 10 employees
– Introduction of e-balloting for industrial action
– The right to request workplace access.
Implications for Employers
These proposed changes signify 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 seen elsewhere in the UK and Europe. Employers and HR professionals will need to be swift in reviewing their policies to ensure compliance. This Bill represents a broad legislative shift — not just in regulation, but in the expectations placed on employers. Areas for consideration include:
– Contract types and their application across the workforce
– Management of flexible working and shift scheduling
– Policy alignment with new statutory rights and entitlements
– Preparedness for increased union activity and representation
How Baker Tilly Mooney Moore Can Support Your Organisation
At Baker Tilly Mooney Moore, we understand the complexities and challenges that come with adapting to new legislation and we assist clients across various sectors in navigating complex legal, strategic and operational landscapes. As the NI Employment Rights Bill progresses, we can support your organisation in preparing for upcoming changes. Our team of experts is here to support you through this transition by offering:
– Contract and Policy Audit Reviews and Compliance Checks: Ensuring your current contracts and policies align with the new requirements.
– Training and Workshops: Educating your HR, management and leadership teams on the implications of the new Bill.
– Consultation Services: Providing tailored advice and strategies to help you navigate these changes effectively, supporting strategic workforce planning, including advice on union engagement and workforce relations.
Get in Touch
These proposed changes bring both operational challenges and opportunities to enhance your employment practices. Baker Tilly Mooney Moore is committed to helping you create a fair, compliant, and supportive workplace. We are here to help your organisation navigate this transition with expert guidance and tailored solutions to ensure compliance, minimise risk, and optimise your workforce strategy. To explore how we can support your business in preparing for these significant legislative changes, please contact Karen Corry, Senior HR Consultant for a free, no-obligation consultation. T: 028 9032 3466 E: karencorry@bakertillymm.co.uk