The ‘Good Jobs’ Employment Rights Bill, Northern Ireland – An update

On 28 April 2025 the Minister for the Economy reported to the Northern Ireland Assembly following the consultation on the ‘Good Jobs’ Employment Rights Bill (which closed in September 2024). The Minister introduced the proposals as being a positive step for both employers and employees and described the Bill as “the biggest upgrade in workers' rights since the Good Friday Agreement [in 1998]”.

The consultation focused on four key themes, being (1) terms of employment (2) pay and benefits (3) voice and representation and (4) work-life balance. Views gathered in relation to those themes have now been fleshed out in various proposals. Some are straightforward and seek to reflect other changes introduced in neighbouring jurisdictions, including flexible working and family rights, but other areas have more extensive and tailored proposals, reflecting the purpose of the Northern Ireland Assembly to produce locally focused legislation.

Proposals following conclusion of the consultation

The Minister highlighted various areas which will be in focus, including:

• Written particulars: The right to a statement of particulars is likely to be extended to workers, and become a day one right rather than the current requirement for it to be provided within two months.
  
  
• Zero Hours contracts: The use of zero hours contracts will be restricted, with the intention that a zero hours contract will be used exclusively for work that is genuinely seasonal or casual. It is also proposed to introduce the right for a zero hours worker to move to a banded-hours contract, calculated based on their average hours. There will likely be notice requirements for shifts and an entitlement to compensation if a scheduled shift is cancelled.
  
  
• Fire and rehire: It is proposed that this practice will be permissible only when the business can show that it is not viable and the alternative is a loss of jobs.
  
  
• Agency workers: The Swedish Derogation will be abolished (closing the loophole previously addressed in GB), which will enhance an agency worker’s entitlement to equal pay, and there will be a requirement to provide clearer information to agency workers, including identity of the hirer, rate of pay, payment dates and holiday entitlement.
  
  
• Tips: It is proposed for tips to be passed onto workers in full, again reflecting recent developments in GB.
  
  
• Holiday pay: Clarity will (finally) be brought to the reference period to be used for calculating holiday pay, which will be increased from 12 weeks (as set out in legislation) to 52 weeks, similar to GB and consistent with the decisions in the Agnew –v- PSNI litigation.
  
  
• Trade union recognition: The size of employers in scope for potential recognition applications will be reduced from 21 employees to 10 employees. This will bring many more local employers into scope for statutory recognition applications and reflects the nature of the Northern Ireland economy, which is significantly focused on SMEs.
  
  
• Trade unions (general): It is proposed to introduce electronic balloting, to simplify the balloting process and to abolish the 12 week time limit against dismissal of employees who have participated in official industrial action.
  
  
• Information and Consultation of Employees: Another proposal reflecting the SME focus of the Northern Ireland economy is to reduce the threshold for an information agreement from the current level of at least 10% of employees/15 individuals to 2%/10 individuals.
  
  
• Flexible working and work life balance: As expected, it is proposed for flexible working to be a day one right (removing the 26-week qualifying period) and to increase the number of flexible working requests that can be made to two every 12 months. The Minister also mentioned the introduction a code of practice on the right to disconnect (as recently introduced in the Republic of Ireland), with the potential for legislation down the line.
  
  
• Family rights: Carer’s leave (being one week of paid carer’s leave per 12-month period to care for a family member or dependent with a long-term care need) is amongst the proposals. So too is neonatal leave and pay (up to 12 weeks in total) for parents whose newborn babies require neonatal care. Paternity leave will also be amended, allowing it to be used in two blocks and taken within the first 52 weeks. These changes are also inspired by recent developments in GB. Interestingly, however, the Minister also mentioned the possibility of increasing the duration of statutory paternity leave and pay in the future.

When will the above be introduced?

This is an unknown at present, with the proposals still very much in their initial stages of development. However, the mandate of the Northern Ireland Assembly expires in 2027, which will likely act as a longstop. The Minister also emphasized the need for further engagement with relevant stakeholders, including the Labour Relations Agency, trade unions, employers and various institutions, with a view to determining the best method of implementation for the ‘Good Jobs’ Employment Rights Bill.

Action points for employers

So far as these reforms are concerned, the “when” is still somewhat unclear, but the “what” is starting to take shape. Even with further detail to follow it is clear, however, that the reform of employment law in Northern Ireland will be extensive and far-reaching.

All employers with a presence here will need to closely monitor developments, as several of the areas will require a proactive approach to ensure compliance and reduce risk. As well as the Employment Rights Bill itself, it will also be necessary to keep an eye on related secondary legislation, statutory codes of practice and guidance.