A number of new employment rights under the GB Employment Rights Act came into effect on 18 February 2026. These apply in Great Britain only.

Employers operating across both NI and GB should be aware of the increasing differences between the two jurisdictions.

The measures now in force in GB include:

• Repeal of most of the Trade Union Act 2016, removing many of the restrictions previously placed on Trade Unions and simplifying requirements around industrial action and political funds;
• Removal of the 10‑year ballot requirement for trade union political funds;
• Simplified industrial action notices and ballot notices, reducing administrative requirements;
• Strengthened protections against dismissal for employees taking part in industrial action;
• Employees newly eligible for ‘Day 1’ Paternity Leave and Unpaid Parental Leave can now give shortened notice of 28 days as a transitional measure.

These changes form part of a wider programme of reforms being rolled out across GB set out in the Plan to Make Work Pay and Employment Rights Act: timeline update

The position in Northern Ireland

NI has its own proposed Employment Rights Bill that is expected to be published at the end of April 2026. This NI Bill differs to the GB Employment Rights Act 2025.  Many of the NI proposals are aimed at bringing NI broadly into line with where GB currently is, rather than adopting the new additional rights now being introduced in GB.

However, in some areas, NI and GB share similar policy objectives but are choosing different methods to achieve them. For example, both jurisdictions are looking at ways to address exploitative zero‑hour contracts. NI is considering banded hours contracts, while GB is introducing a right to guaranteed hours.

Furthermore, some of the headline GB reforms will not be introduced in NI. For example, only in GB will the unfair dismissal qualifying period be reduced to 6 months, and only in GB will unfair dismissal compensation become unlimited.

It is also worth noting that some of the legislation being amended or repealed in GB never applied to NI in the first place. These include the Trade Union Act 2016 and the Strikes (Minimum Service Levels) Act 2023 which were never implemented in NI.

We will continue to highlight the similarities and differences for employers across NI/GB as the evolving landscape can be confusing. We are also liaising with our sister Organisation, MAKE UK to arrange a joint webinar exploring each proposal and considering the position in both jurisdiction.

The Economy Committee is currently considering the draft Employment Rights (Increase of Limits) Order (Northern Ireland) 2026.

This is the routine annual Order that updates statutory limits in key areas such as a week’s pay, redundancy payments and unfair dismissal awards.

While Northern Ireland has historically mirrored the increases applied in Great Britain, NI continues to use a different rounding method, meaning the NI figures are slightly higher.

Below is a summary of the updated limits proposed for Northern Ireland; the equivalent GB provisions have not yet been published.

INCREASE STATUTORY LIMITS (NORTHERN IRELAND)

■ Maximum amount of a “Week’s Pay”
Used for calculating statutory redundancy payments and the basic or additional award for unfair dismissal.

2025/26: £749
2026/27: £783
(GB 2025 was £719; 2026 yet to be published)

■ Limit on the Compensatory Award for Unfair Dismissal

2025/26: £118,455
2026/27: £123,785
(GB 2025 was £118,223; 2026 yet to be published)

■ Maximum Basic Award for Unfair Dismissals

2025/26: £22,470
2026/27: £23,490

(GB 2025 was £21,570; 2026 yet to be published)

■Limit on Guarantee Pay (per day)

2025/26: £39
2026/27: £41

(GB 2025 was £39; 2026 yet to be published but likely to be same as NI)

REMOVAL OF THE UNFAIR DISMISSAL CAP IN GB

Although this change does not apply in Northern Ireland, employers operating across the UK should note that in Great Britain, the statutory cap on unfair dismissal compensation, currently £118k or one year’s pay (whichever is lower) will be removed from 1 January 2027.

This change will significantly increase the potential exposure for GB‑based claims and is likely to reshape the types of cases brought before Employment Tribunals. We can expect to see higher‑value claims progressing in GB, particularly from higher‑paid executives or individuals with generous pension arrangements. Removing the cap opens the door for claims that previously would have been limited by statutory ceilings, meaning employers will need to be even more mindful of process, documentation and risk management.

The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/82) (Regulations) were made on 29 January 2026 and bring into force specific provisions of the Data (Use and Access) Act 2025 (DUA Act) on 5 February and 19 June 2026, amending the UK GDPR and Data Protection Act 2018.

The DUA Act provides the ICO with new powers, including the ability to compel witnesses to attend interviews, request technical reports, and issue fines of up to £17.5 million or 4% of global turnover under the Privacy and Electronic Communications Regulations (PECR).

In particular employers should be aware of the following areas:

1. Data Subject Access Requests (DSARs)

• Simplified process: Employers must respond to DSARs more efficiently, with clearer timelines and clarified the scope for extensions.
• Clarity of refusal grounds: The DUA Act narrows the circumstances under which requests can be refused, requiring detailed justification.
• Electronic access emphasis: Employees should be able to access their data digitally, with secure formats encouraged.

2. International Data Transfers

• New transfer mechanisms: DUA Act introduces streamlined rules for cross‑border data transfers, replacing some of the older adequacy and safeguard models.
• Recognised legitimate interests: Employers may rely on “recognised legitimate interests” for certain transfers, provided risks are assessed and documented.
• Greater accountability: Organisations must demonstrate compliance through updated records and risk assessments when transferring employee data abroad.

3. Complaint Handling (In force from 29 June 2026)

• Mandatory procedure: From 19 June 2026, all organisations must have a complaints procedure for data protection issues.
• Transparency: Employees must be informed of how to raise complaints and the expected timelines for resolution.
• ICO oversight: The Information Commissioner’s Office will monitor compliance, and failure to implement a procedure could lead to enforcement action.

In more detail: Data Subject Access Requests (DSARs)

In relation to subject access request (DSAR) in December 2025 the ICO published updated Guidance to reflect recent DUA Act amendments that essentially codified existing practice and ICO Guidance.

How organisations handle subject access requests is the ICO’s most complained of issue, so the purpose of the Guidance is to remind organisations of their responsibilities under the law.

In particular, the DUA Act and Guidance clarifies:

• Searches in response to DSARs must be “reasonable and proportionate” – they do not required to conduct searches that would be unreasonable or disproportionate to the importance of providing access to the information.
• Employers can “stop the clock” on the one‑month response deadline if further clarification is reasonably required from the data subject. Controllers must be able to demonstrate that clarification is genuinely necessary to provide an effective response. Clarification requests cannot be made on a blanket basis – only where reasonably required.
• Extend time to respond by a further two months if the request is complex; or there are a number of requests from the same person. For example if the organisation requires any information to confirm the identity of the person the information is about or any information you request to confirm that the third party is authorised to act on behalf of the person; or
• Clarifies the meaning of “manifestly unfounded” and “manifestly excessive” requests, aligning with DUA Act. The ICO emphasizes that this is a high threshold and we recommend that any organisation wishing to rely on this should first carefully read the Guidance and examples provided.

You can view the updated Right of Access guidance: here
In more detail: Updated ICO Guidance on International Data Transfers (9 February 2026)

On 16 January 2026, the ICO updated its guidance on international data transfers.

The previous Guide to International Transfers has now been broken down into more detailed, topic‑specific guides. This includes a new, expanded guide explaining when a transfer is considered “restricted”, who is responsible for complying with the rules, and how employers can meet their obligations under the UK GDPR.

You should pass this Guide to the persons responsible for data in your workplace if you transfer employee, customer, or client data outside the UK, or if you advise others on doing so.

What has Changed?

The ICO has:

• Expanded its explanation of what is and isn’t a restricted transfer.
• Introduced a clearer three‑step test.
• Provided more practical examples.
• Added new content on who is responsible for complying with transfer rules.
• Clarified key responsibilities for organisations making international transfers.

The aim is to help organisations understand when the rules apply, how to make a restricted transfer, and who must comply.

The ICO has released two introductory videos to support the new guidance.

The first video focusses on What Is a Transfer and explains:

• What counts as a restricted transfer.
• Common questions about when the rules apply.
• Who is responsible for complying with the transfer rules.
• Practical scenarios to illustrate the principles.

Important note: In the video, step 2 of the three‑step test focuses on whether information is being transferred outside the UK. In the updated written guidance, the ICO has refined this. Step 2 now focuses on who is initiating the transfer to an organisation outside the UK. If your organisation is not initiating the transfer, then it is not a restricted transfer for you.

This is a helpful clarification for employers who rely on third‑party processors or cloud‑based systems.

The second video explains how to make restricted transfers in a compliant way. Employers must ensure that any transfer is covered by:

• Adequacy regulations, or
• Appropriate safeguards, or
• A relevant exception.

For those who require further advice on this area, on 10 March 2026 the ICO is hosting a 1 hour webinar to support the launch of the updated guidance on international transfers.

In more detail: handing data protection complaints.

On 12 February 2026, the ICO published their final complaints procedure guidance, Under the DUA Act, organisations must have a clear and accessible process for handling data protection complaints by 19 June 2026.

A complaint can come from anyone who believes their personal information has been handled in a way that infringes data protection law and so having the right procedures in place is essential.
The new guidance adopts the now familiar wording used by ICO setting out what organisations must, should and could do to comply with the changes to the law. It includes practical tips and advice for each stage of the process to help DPOs and organisations build a robust approach.

The Guidance has been published early in advance of the obligation to have an effective complaints procedure becoming law on 19 June 2026.

Flexible Working Consultation

In Great Britain on 5 February 2026 the Government launched a further Consultation on improving access to flexible working.

This Consultation aims at introducing a new process for employers to follow if they think they might need to reject a flexible working request.

In Great Britain in April 2024, changes were made to the flexible working process to:

• Make the right to request flexible working request a Day 1 right
• Allow employees to make two statutory flexible working requests in a 12-month period, with a second request permitted once the first request has been fully determined or withdrawn.
• Dispose of the requirement that employees must set out the potential impact of a flexible working request and how it could be accommodated
• Requires the employer to consult with the employee about the change
• Employers must demonstrate that they have acted reasonably in refusing any request

This further Consultation seeks views on:

• a proposed new light touch process for employers consulting with employees where a request cannot be immediately agreed
• what training, resources and support can help businesses navigate flexible working requests
• other ways to improve access to flexible working

The majority of questions consultation focus on statutory requests, but it is also open to hearing about experiences of more informal arrangements.

This Flexible Working Consultation closes 30 April 2026 

The position in Northern Ireland (Flexible Working) 

In Northern Ireland the Department of Economy plans to introduce laws via primary legislation to level up employees right to request flexible working in the main to those that were brought into force Great Britain in April 2024. At present in Northern Ireland, employees are entitled to make a request after 26 weeks’ continuous employment (that it is not a Day 1 Right) and only permitted one request each 12-month period. Employees must also state the potential effect of their flexible working request.

When introduced the proposed changes in Northern Ireland will:

• Make the right to request flexible working request will apply a Day 1 right
• Permit employees to make two statutory flexible working requests in a 12-month period, with a second request allowed once the first request has been fully determined or withdrawn.
• Dispose of the requirement that employees must set out the potential impact of a flexible working request and how it could be accommodated
• Require the employer to consult with the employee about the change
• Employers will have to demonstrate that they have acted reasonably in refusing any request

There are no current proposals in Northern Ireland to implement the further changes to flexible working that are being considered in Great Britain.

Agency Worker Consultation

On 6 February 2026, a further Consultation on modernising the Agency Work Regulatory Framework was opened.

In Great Britain the government believes that for too long employment law has failed to keep pace with fundamental changes to how, when and where individuals work. It states the Consultation seeks views on proposals to improve the framework that governs the temporary labour market and to strengthen protections for workers while at the same time minimising burdens on businesses.

The government recognises that although the Conduct Regulations were created to protect agency workers, they now place heavy administrative and operational burdens on recruitment businesses, requiring detailed contracts, extensive checks, and significant record‑keeping that can be costly and slow down a fast‑moving sector.

At the same time, the Consultation says that the current rules do not properly cover umbrella companies, leaving gaps in protection and creating an uneven playing field. The government believes this is the right moment to update and simplify the framework so that it reflects the modern labour market, focuses enforcement on real‑world harms, and allows businesses to operate without unnecessary or duplicative regulation.

This Consultation closes on 1 May 2026

The position in Northern Ireland

 Northern Ireland is consulting on proposals to bring its regulation of the temporary labour market broadly into line with the current position in Great Britain, including:

• ending pay‑between‑assignments contracts
• introducing the Key Information Document for agency workers and recruitment agencies.

The Department also intends to strengthen the role of the Employment Agency Inspectorate (EAI), which currently has limited powers to share information with other regulators.

New legislation would open information‑sharing gateways with appropriate bodies—an important step where safeguarding or risks to vulnerable people may arise. In addition, the Department plans to enhance the EAI’s enforcement powers by introducing Labour Market Enforcement Undertakings and Orders, mirroring tools already available in GB.

Most of these changes will require primary legislation, the Key Information Document could be introduced more quickly through secondary legislation.

Further information can be obtained from the Legal Team.

Great Britain

On 5 February 2026, in Great Britain the Government launched a Consultation Make Work Pay: Strengthening the Law on Tipping on new requirements to consult workers on tipping policies and the statutory Code of Practice on fair and transparent distribution of tips.

In Great Britain, the law on tips changed significantly in October 2024, when employers became legally required to ensure that all tips, gratuities and service charges are shared fairly and transparently, and that qualifying tips are passed on in full to workers. The aim was to make sure that money given by customers reaches the staff who earned it.

The GB Government is now going further. Under the Employment Rights Act 2025, employers in tipping industries will have a new duty to consult with workers when developing or revising their tipping policies. This is intended to strengthen worker voice, particularly in sectors where staff have traditionally had less influence over how tips are handled.

Alongside this, the Government is consulting on updates to the statutory Code of Practice on the fair and transparent distribution of tips, which supports both employers and workers in understanding and complying with the law. As part of this process, the Government is also seeking feedback on how the existing legislation and guidance have operated since coming into force.

Responses must be submitted by Wednesday 1 April 2026.

The position in Northern Ireland

The Department for the Economy in Northern Ireland has also confirmed that it intends to introduce primary legislation to ensure tips are distributed fairly to ensure that tips left for workers go to them in full. The Department’s proposals include:

• Payments for service that are controlled or significantly influenced by the employer must be passed to workers fairly and transparently, aside from lawful deductions.
• Record‑keeping duties, requiring employers to keep clear records of tips received and distributed. Workers will have a right to request access to these records.
• Statutory Code of Practice setting out principles of fairness and transparency in tip distribution.

These changes would bring Northern Ireland into line with the rules already in place in Great Britain, ahead of the further proposals outlined above coming into force.

Mock Tribunal Workshop 2026

UPDATE ON THE PUBLICATION OF THE GOOD JOBS BILL (29 January 2026)

• On 21 January 2026, the Minister for the Economy attended the Committee for the Economy and provided an update on progress of the Good Jobs Bill.
• The Bill was originally intended to be PUBLISHED by the END OF JANUARY 2026. With only one week remaining, the Minister confirmed that this would not happen.
• The Minister stated that significant portions of the drafted Bill, along with detailed policy papers for the remaining elements, would instead be brought to the Executive, likely on 12 February 2026.
• The Bill must receive Executive approval before it can be passed to the Committee.
• The Committee expressed clear annoyance at only learning on 21 January that the planned publication date would not be met. The Chairperson commented: “That is the first time that you have said that publicly, Minister.”
• During the exchange, the Minister described the Bill as “the most significant upgrade of our employment legislation since devolution” and noted that “losing two years of the mandate has made developing legislation challenging.”
• She confirmed that “all of the instructions have been given to the drafters” and that “a considerable proportion of the legislation has been drafted.”
• When asked directly whether the work on the Bill had finished, she replied: “We do not have a final draft of the Bill.”
• Additional detail was provided by Mr Snowden, Permanent Secretary for the Department for the Economy, who stated: “The most recent estimate is that we will have it in March, possibly towards the end of the month.”
• This means the Bill will not be introduced in January 2026. The Minister acknowledged this, saying: “Given that there is only a week left, it will not be introduced in January 2026.”
• The Minister emphasised that the Department is continuing to push the work forward as quickly as possible, but highlighted the complexity of the legislation, particularly around trade union access and zero‑hours contracts.
• She stated that engagement with business organisations and trade unions had been “really worthwhile”, though it had contributed to the extended timeline.
• When asked how she could seek Executive approval without a completed Bill, the Minister explained that the Executive would receive “the bulk of the Bill as drafted and detailed policy set out on the other elements.”

Footnote:

• It is now likely that the full Good Jobs Bill will not be available until April 2026.
• There continues to be strong challenge from employers around the trade union access provisions.
• We await sight of the papers expected to be presented to the Executive on 12 February 2026 to understand the direction further.
• We will continue to keep Members updated

2026 dates for your diary

Key Information for Employers (20 January 2026)

On 20 January 2026, the Department for the Economy published its Miscarriage Leave and Pay Consultation Departmental Response Document  following the 8 week Consultation that closed on 19 December 2025. The purpose of the Consultation was to consider how to extend the Statutory Parental Bereavement Leave and Pay provisions to include miscarriage and to make the right to pay a Day 1 Right (subject to meeting the lower earnings threshold, currently £125 per week).

Members may recall that the Parental Bereavement (Leave & Pay) Act (Northern Ireland) 2022 introduced the right for parents who suffer a stillbirth after 24 weeks or the death of a child under 18 to:

• 10 days of parental bereavement leave (a Day 1 right), and
• the statutory rate of pay, subject to a 26‑week qualifying period.

These rights did not extend to miscarriage (pregnancy loss before 24 weeks), and statutory pay required 26 weeks of continuous employment. However, the Department of the Economy committed to reviewing this with a view to extending the rights to miscarriage and make the right to pay a Day 1 right to pay.

The Consultation Document notes that Northern Ireland will be the first region across the UK and Ireland – and one of the first in the western hemisphere – to legislate for statutory miscarriage leave and pay.

New Rights from 6 April 2026

1. Two Weeks of Statutory Bereavement Leave

• Available to the woman who experiences the miscarriage on or after 6 April 2026 and to eligible partners.
• Can be taken as two separate one‑week blocks or one continuous two‑week block.
• Must be taken within 56 weeks of the date of miscarriage or the date the woman became aware of it.

2. Statutory Bereavement Pay

• The statutory rate of pay will be £194.32 from 6 April 2026.
• Employees must meet the existing lower earnings threshold (currently £125 per week).
• Statutory pay will become a Day 1 right.
• The current 26‑week qualifying period for pay following stillbirth and child‑death cases will also be removed.

Therefore, from 6 April 2026, both the right to parental bereavement leave and pay, including miscarriage, will apply from Day 1.

3. Notice Requirements

• Only a self‑declaration will be required.
• No medical evidence will be requested.

The consultation noted that miscarriage can often be spontaneous and may not involve medical intervention, particularly in early pregnancy. Requiring evidence at such a distressing time would be insensitive and place unnecessary burdens on families and the health service.

4. Definition of Miscarriage

• ‘Miscarriage’ will include spontaneous miscarriages and pregnancy loss following specified medical interventions.
• Eligibility will extend only to those directly linked to the pregnancy.

Action for Employers

1. Review internal policies and HR systems to ensure they are updated ahead of the new rights coming into force on 6 April 2026.
2. Raise awareness among managers so they can handle situations sensitively, particularly around notice and evidence requirements. This may be especially important where a miscarriage occurs before colleagues or managers were aware of the pregnancy.

We will review our template Policy and provide an updated one shortly.

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