ECONOMY MINISTER PUBLISHES A BRIEFING PAPER: INTRODUCING CARERS LEAVE IN NORTHERN IRELAND (14 May 2025)

What’s Happening?

The Economy Minister has published a Briefing Paper from Ulster University’s Economic Policy Centre, looking at the potential costs of introducing paid carers leave in Northern Ireland.

Why Does This Matter for Employers?

Northern Ireland has around 220,000 unpaid carers, with 180,000 of them in the workforce.

Many employees juggle work and caring responsibilities for dependents with long-term care needs. The Good Jobs Bill will introduce carers leave, allowing eligible employees up to five days of unpaid leave (pro rata) within a 12-month period. This leave can be taken in half-day or full-day increments or as one block.

Will It Be Paid?

Currenlty when introduced carers leave will be unpaid. However the Economy Minister has committed to making it paid when the time is right.

This Briefing Paper does not decide whether paid leave will be introduced or who would cover the cost (government, employers, or taxpayers).

Instead, it estimates the cost under different payment models, including:

• Full wage (based on median weekly earnings).
• Statutory Paternity Rate (£187.18 per week).
• National Living Wage (£12.21 per hour).
• Statutory Sick Pay Rate (£118.75 per week).

What Are the Cost Estimates?

The analysis presents two scenarios:

• Assumed uptake model: Estimated costs range from £6.2M to £49.7M.
• 100% uptake model: Costs could range from £16.5M to £75.3M.

It recognises that factors like workplace flexibility could affect uptake rates.

What Can Employers Do?

The report encourages employers to engage with carer organisations and implement carer-friendly policies, including:

• Raising awareness of unpaid caring and support options.
• Training line managers to recognise and assist carers.
• Partnering with the government to develop return-to-work programs for carers.

Wider Workforce Impact

Labour market statistics show that economic inactivity (people of working age who are not employed or in education) is rising. This remains a concern for the Department for the Economy, making support for carers even more relevant.

What’s Next?

The report recommends further research and a call for evidence to refine policy decisions around pay rates, eligibility, and funding. We will keep Members updated of any developments on this.

On 20 May 2025, the GB Equality and Human Rights Commission (EHRC) launched its public consultation on its Code of Practice for services, public functions and associations

The aim of the Consultation is to gather feedback on proposed updates to its Code of Practice. These changes follow the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers on 16 April 2025, which clarified the legal definition of sex under the Equality Act 2010.

Key Change: Legal Definition of Sex

Previously, the EHRC defined legal sex as either the sex recorded at birth or the sex acquired by obtaining a Gender Recognition Certificate (GRC). However, the Supreme Court ruling determined that a GRC does not change legal sex under the Equality Act. As a result, the updated definition now states:

“Legal sex is the sex that was recorded at your birth.”

This revision aims to provide greater clarity on how sex-based rights and protections are applied in legal and workplace contexts.

Chapters Under Review

The consultation examines changes across several key chapters of the Code. Employers should be aware of the following:

Chapter 2: Who Has Rights?

This section explores rights under Part 3 (Services & Public Functions) and Part 7 (Associations) of the Equality Act 2010. It also outlines when and how requests regarding an individual’s sex at birth may be made, and when such requests could be deemed unlawful.

Chapter 4: Direct Discrimination

Updates include an example of sex discrimination based on perception, particularly in cases involving gender reassignment.

Chapter 5: Indirect Discrimination & Objective Justification

A new example highlights associative indirect discrimination, which occurs when individuals experience the same disadvantage despite not sharing a protected characteristic.

Chapter 8: Test for Harassment

Employers can provide feedback on what constitutes unwanted conduct “related to” a protected characteristic.

Chapter 12: Associations

This section seeks input on the circumstances under which associations may restrict membership to individuals who share a particular protected characteristic.

Chapter 13: Exceptions

Updated sections cover competitive sport and separate & single-sex services.

A newly added section outlining the rationale for single-sex services, including the possible legal consequences of offering only mixed-sex options.

New content detailing policies and exceptions for single-sex services, clarifying that service providers may need to establish specific guidelines for their offerings.

An updated section addressing single-sex services in relation to gender reassignment, advising service providers to carefully consider their approach to trans individuals’ access when deciding on service provision.

Consultation Period

The consultation is open for six weeks and will close on 30 June 2025.

Impact for Employers in Northern Ireland

While the EHRC operates in Great Britain, the Equality Commission for Northern Ireland (ECNI) is also considering the implications of the Supreme Court ruling and we expect to see further guidance from ECNI in near future.

The Department of Enterprise, Trade and Employment has launched a public consultation to gather views from relevant stakeholders in relation to the possible content of Ireland’s national action plan and how Ireland can progressively increase and promote collective bargaining.

Background

Collective bargaining is defined by the Directive as “all negotiations that take place according to national law and practice in each member state between an employer, a group of employers or one or more employers organisations on one hand, and one or more trade unions on the other, for determining working conditions and terms of employment.”

The Irish government has long made it clear of its intention to promote collective bargaining through the development of an institutional framework supportive of a voluntary system of industrial relations, premised upon freedom of contract and freedom of association.

The Directive on Adequate Minimum Wages in the European Union was transposed in Ireland by 15 November 2024. The Directive aims to ensure that workers across the European Union are protected by adequate minimum wages allowing for a decent living wherever they work.

Article 4 of the Directive aims to promote collective bargaining on wages in all member states. To reach that objective, member states, with the involvement of the social partners, in accordance with national law and practice, shall:

• promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage-setting, in particular at sector or cross-industry level
• encourage constructive, meaningful and informed negotiations on wages between the social partners, on an equal footing, where both parties have access to appropriate information in order to carry out their functions in respect of collective bargaining on wage-setting
• take measures, as appropriate, to protect the exercise of the right to collective bargaining on wage-setting and to protect workers and trade union representatives from acts that discriminate against them in respect of their employment on the grounds that they participate or wish to participate in collective bargaining on wage-setting
• for the purpose of promoting collective bargaining on wage-setting, take measures, as appropriate, to protect trade unions and employers’ organisations participating or wishing to participate in collective bargaining against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration

In addition, each member state in which the collective bargaining coverage rate is less than a threshold of 80% (as in a majority of member states, including Ireland) shall provide for a ‘framework of enabling conditions’ for collective bargaining and shall also establish an action plan by end of 2025 to promote collective bargaining. The action plan shall be reviewed at least every five years. The design of the framework of enabling conditions and the content of the action plan is entirely up to member states, in consultation with the social partners.

Employer insights are crucial to shaping policies that support balanced and constructive workplace negotiations.

The Department is considering various recommendations, including insights from the LEEF High-Level Group on Collective Bargaining. As a partner in this consultation, your feedback will help shape practical and effective policies.

Consultation questions and submissions

Respondents are requested to make their submissions on the following form:

Public consultation on Ireland’s action plan to promote collective bargaining

The closing date for submissions is close of business, Monday, 12 May 2025 and we encourage members to respond.   The Association will also make a submission on behalf of Members. Any member who wishes to feed into that submission should do so by contacting kathryn@employersfederation.org by Friday 9^th May 2025.

NORTHERN IRELAND DEPARTMENT OF ECONOMY PUBLISH RESPONSE TO GOOD JOBS/  EMPLOYMENT RIGHTS BILL PUBLIC CONSULTATION

On Monday 28 April 2025, the Department for Economy (DfE) published its response to the public consultation on the Good Jobs/Employment Rights Bill for Northern Ireland that closed on 30 September 2024.

According to Economy Minister, Dr Caoimhe Archibald, this marks the most significant update to employment law since the Good Friday Agreement. The Department’s response outlines proposals for new laws (including the Employment Bill and secondary legislation), statutory codes of practice, and guidance, based on 192 responses received during the Consultation.

A number of key documents have been published by the Department:

1.    Way Forward (34 pages) and

2.     Public Consultation Response” (260 pages)

3.    19 Impact Assessments

All these documents can be accessed from the home page of Good Jobs Employment Rights Bill Public Consultation Response

The Headline Proposals include:

• Ending zero hour contracts
• Enhancing protections for agency workers
• Ending abuse of fire & rehire tactics
• Ensuring workers receive all tips
• Modernising the trade union framework
• Making it easier to attain flexible working
• Enhancing rights to family leave including carer’s leave, neonatal leave & pay

These Headlines will, of course, be of particular concern to Employers who are already operating very challenging economic conditions.

Some Key Points:

The Consultation was divided into four main Themes and we have set out some of the proposed changes under each theme below:

THEME A: Terms of Employment

1. Exploitative zero-hour contracts will be abolished and replaced with a banded-hour model similar to that in the Republic of Ireland. This is different to the proposals in place in GB.

Workers on zero and low hours contracts will have the power to request a banded contract, guaranteeing a number of hours that reflect patterns of work, most likely over a 26-week period. Exclusivity clauses will be banned.

2. Zero and low hours employees will require reasonable notice of shifts and compensation for shifts cancelled or curtailed at short notice, with further consultation planned for the details.
3. Employee status (that is keeping the 3 categories of employee, worker and self employed) given its complexity and interaction with tax regime will be reviewed to align with the position in Great Britain.
4. Dismissal and re-engagement (fire and rehire) will be banned, in line with the UK Government’s proposals in the GB Employment Relations Bill. New laws will be introduced to make it automatically unfair to dismiss and re-engage an employee where the reason is to effect a change in employees’ terms of conditions unless the business is in financial difficultly.
5. Agency workers will have Day 1 rights to a Key Information Document, and employees will have Day 1 rights to written statements (mirroring GB practices). The right to a written statement of particulars and itemised payslips will also be extended to workers.
6. The Swedish Derogation / Pay between Assignment model for agency workers will be abolished.

THEME B: Pay and Benefits:

7. Employees will have the right to an itemised payslip showing hours worked aligned to the position in GB.
8. The holiday pay reference period will be extended to 52 weeks again aligning with GB.
9. A statutory Code of Practice on the “Right to Disconnect” will be introduced which is expected to be similar to the Code issued in the Republic of Ireland. The Minister plans to keep the effectiveness of a Code under review and consider if the right needs embodied in law.
10. While there will be no additional record-keeping requirements to demonstrate compliance with the Working Time Regulations, new guidance will be introduced.

 THEME C: Voice and Representation:

11. Trade unions will have a right of access to workplaces including digital access. This includes right to access to: promote union benefits; engaging with members; negotiating with employers. with guidance outlining engagement rules.

It is intended that employers would not be able to unreasonably withhold access to workplaces from trade union officials. However, such access will not be automatic and will require adherence to certain provisions such as only entering during reasonable times and in compliance with health and safety and security arrangements on site.

12. The statutory recognition threshold for trade unions will be reduced from 21 to 10 employees. However, the notice period for industrial action will remain at seven days.
13. Laws enabling e-balloting will be brought forward.
14. Thresholds will be lowered for trade union recognition and for Information & Consultation Agreements.
15. Collective sectoral bargaining (or collective sectoral agreements) the Department will work with the Labour Relations Agency regarding these.
16. A Code of Practice will focus on facilitating workplace relationships and minimum set of expected behaviours as to how all parties should engage with each other, with reference to the Code in place in New Zealand.
17. Protections for employees participating in official industrial action will be extended by removing the current 12-week protection period and eliminating any concluding time limits.
18. Disappointingly, no changes will be made to TUPE regulations at this stage due to the Department’s view that, in light of the complexities of the legislation, further engagement would be necessary. The Department will maintain a watching brief on any planned changes in GB.

THEME D: Work-Life Balance:

19. Employees will have Day 1 rights to flexible working, with two requests allowed per year and no obligation on the employee to set out how the request could be accommodated (matching GB policy).
20. Carer’s leave will be introduced, allowing one week of unpaid leave initially, with provisions for statutory paid leave to be introduced in the future (matching GB policy).
21. A new statutory right to Neonatal Leave and/or Pay will be introduced, up to a maximum of 12 weeks (aligned to position in GB)
22. Enhanced redundancy protection will be extended to 18 months post-birth (in line with GB practices).
23. Paternity leave will become a day-one right and can be taken within the first 52 weeks. This leave can be taken as a single block of two weeks or two separate blocks of one week.

Time line

These proposals will now be brought to the Executive for their approval and will be scrutinised by the Committee for the Economy. Any policies that are agreed by the Executive will then be translated into a Bill which the Department hopes to introduce to the Assembly early in 2026. The Department has stated that newly introduced rights will be implemented on a staged basis to ensure stakeholders have time to prepare for the changes.

We will keep Members updated on any developments and if you have any queries please do not hesitate to contact the Legal Team.

Supreme Court defines ‘Woman’ for purposes of Equality Act 2010 as a biological female

On 16 April 2025 the UK Supreme Court (SC) issued a unanimous decision that clarifies the legal definition of a woman under the Equality Act 2010 (EA). The landmark decision determined that when a ‘woman’ is referred to in the EA it refers strictly to a biological female. In doing so the SC rejected an interpretation that ‘woman’ includes a transgender woman with a Gender Recognition Certificate (GRC).

Background

The Gender Recognition Act 2004 (GRA) is a UK wide law that applies in Northern Ireland and allows transgender persons to legally change their gender. Under the GRA, a person can apply for a GRC which legally recognises their acquired gender and enables them to update official documents such as their birth certificate. To apply for a GRC a person must provide evidence of gender dysphoria, live in their acquired gender for at least two years, and make a statutory declaration of intent to live permanently in that gender.

The case before the SC originated from a decision taken by the Scottish Government that, when aiming to increase female representation on public sector boards, the definition of a ‘woman’ would include transgender women with a GRC. For Women Scotland, a women’s rights group, argued that the definition of woman should be limited to those born biologically female; they unsuccessfully challenged the Scottish Government’s decision in two lower courts, and the SC decision has therefore had the final say on the matter.

 The Supreme Court Judgment

There has been a lot of commentary since the decision was handed down, and it is important to remember that the SC’s task was to determine the definition of a ‘woman’ when applying and interpreting the EA. The decision focuses on statutory interpretation and is not a personal opinion or social commentary on transgender status.

The SC handed down an 88-page judgment that is highly detailed and technical and that ultimately finds that a ‘woman’ under the EA 20 refers exclusively to biological females.

In summary the SC’s reasoning focused on the following points:

1. Clarity in law and rejecting ‘variable’ definitions – legal definitions must be coherent and consistently applied; the SC stated sex-based language must be interpreted consistently throughout the EA. However if the definition of ‘woman’ was wider than a biological female different definitions of ‘woman’ would have to be applied depending on what section of the EA was being considered to ensure the legislation continued to operate effectively in practice;
2. Biological basis of pregnancy and maternity – terms related to pregnancy and maternity protections can only apply to biological females;
3. Avoiding two-tiered protection – a system whereby only those trans persons with a GRC receive enhanced protections would be deemed unworkable and create a sub-group of trans persons i.e. those with a GRC having enhanced rights compared to those trans persons without a GRC.
4. Existing protections for transgender people – the judgment affirmed that transgender individuals already receive protection under the protected characteristic of gender reassignment. Trans individuals, regardless of GRC status, remain protected against discrimination and harassment and they can also still claim sex-based discrimination on the basis that they are perceived as female.

Implications and Commentary

The decision has far-reaching consequences for gender definitions within UK equality law. It impacts policy, public services and workplace protections, and is already sparking significant debate across legal, political, and social spheres. Whilst some will welcome the clarity, others will express concern about the impact on transgender inclusion.

The EA does not apply in Northern Ireland where sex discrimination laws are governed by the Sex Discrimination (Northern Ireland) Order 1976 and the Sex Discrimination (Gender Reassignment) Regulations (Northern Ireland) 1999. Furthermore, the definition of ‘gender reassignment’ differs in Northern Ireland compared to GB as our Regulations require individuals to be transitioning under medical supervision to qualify for protection. Despite these differences, as the GRA applies in Northern Ireland and the Sex Discrimination Order reflects the precursor to the EA in GB, we strongly expect that biological sex will similarly be recognised in Northern Ireland law and the Courts and Tribunals in this jurisdiction will apply the SC decision.

Interim guidance

On 25 April 2025, the Equality and Human Rights Commission (EHRC) released interim guidance to address the practical implications of the UK Supreme Court judgment in the case of For Women Scotland v The Scottish Ministers. This update offers information for employers across the UK navigating changes in equality legislation whilst awaiting the updated guidance and Code.

The EHRC plans to submit an updated Code of Practice to the UK Government by the end of June 2025 for ministerial approval. To inform this update a public consultation will run in mid-May 2025 for two weeks, focusing solely on the practical implications of the SC decision rather than its legal interpretation.

In NI the Equality Commission has also stated that it intends to publish new formal guidance in June 2025 and has advised they will also conduct a short consultation with interested parties beforehand. The Equality Commission has indicated that their initial view is that the judgment is likely to be deemed by our industrial tribunals and courts to be highly persuasive and, consequently, it is likely to be followed by the industrial tribunals and courts here when they are considering cases where similar issues arise, e.g. cases of alleged sex or gender reassignment discrimination contrary to the SDO.

Preparing for compliance: Employer Actions

Until the updated guidance is issued, we recommend employers take the following steps:

1. Facility provision:

Under separate Workplace Health, Safety and Welfare legislation, employers are required to provide sufficient single-sex toilets and single-sex washing/changing facilities where needed. Broadly speaking, these must be separated by sex except where they are contained in separate lockable rooms.

The SC decision has clarified that sex means biological sex, therefore (subject to any forthcoming guidance) the logical application of the decision is that only biological women are permitted to use the female facilities, and only biological men are permitted to use the male facilities; trans persons will be required to use the facilities of their birth sex and not their acquired gender.

Currently there is no legal obligation on employers to provide gender neutral facilities but there are calls for such spaces to be provided where possible.

It is currently the case that it is inappropriate to require transgender people to use the disabled facilities as these are for disabled persons. Updated and clear guidance on facility provision will be important for employers.

2. Policy review: ensure workplace policies refer to biological sex and gender reassignment accurately (rather than just gender);

3. Education and staff training: the SC decision does not mean that trans persons lose protections in the workplace; trans people continue to be protected from unlawful discrimination and harassment.

The SC decision undoubtedly generates strong opinions from/on behalf of the trans community and also from/on behalf of those who hold gender critical beliefs. Both are protected groups under our equality legislation (transgender status and philosophical belief respectively). Managers should be alert and responsive to any provocative and disrespectful behaviours. Employees should also understand that no protected group has overriding rights over others and training on dignity at work should be provided or updated as necessary;

4. Data Collection: Differentiate between biological sex and trans identity in demographic reporting.

SPRING 2025 LEGISLATIVE UPDATE

The Equality (Miscellaneous Provisions) Bill 2024

On 15th January 2025, the Department of Children, Equality, Disability, Integration and Youth introduced the Equality (Miscellaneous Provisions) Bill 2024. Currently at the General Scheme stage, the Bill is undergoing refinement before progressing through Ireland’s legislative process in the Oireachtas. With the goal of fostering equality, inclusivity, and transparency, the proposed amendments main areas are:

• Pay transparency.
• Intersectional discrimination (referred to as dual discrimination in Great Britain the concept for which was introduced in the Equality Act 2010 but has not yet been brought into force).
• Recruitment practices.

This law is introduced to ensure that Irish equality laws (including the Employment Equality Act 1998 and Equal Status Act 2000) are in keeping with European Union Directives like the Pay Transparency Directive. The Bill is heralded as combatting discrimination and promoting fairness in the workplace.

Key Provisions and Proposed Changes

1. Pay Transparency

To comply with the EU’s Pay Transparency Directive, which must be implemented by June 2026, the Bill proposes significant changes to ensure equitable pay practices.

Employers will be:

• Required to disclose salary levels or ranges in job advertisements. While specifics regarding the depth of this disclosure are yet to be determined, the provision aims to eliminate loopholes such as overly broad salary ranges.
• Prohibited from requesting pay history or current salary details from job applicants. This measure is designed to prevent perpetuating pay gaps or discrimination based on previous salaries. For example, it safeguards individuals who may have experienced historical pay discrimination from carrying that bias into new employment.

These measures aim to address longstanding issues, including gender-based pay disparities, and foster greater transparency in remuneration practices.

2. Recruitment Criteria

The Bill requires employers to ensure:

• Job requirements are proportionate and objectively justified, so as to avoid indirect discrimination against protected groups.
• Recruitment processes are free from bias, providing equal opportunities to all candidates. Employers may be encouraged to implement initiatives targeting underrepresented groups, such as women, individuals with disabilities, or ethnic minorities.

To support compliance, employers may need to collect and report diversity data on applicants and hires, ensuring accountability in promoting workplace equality.

3. Intersectional Discrimination

When implemented the Bill will make a significant development in equality legislation by explicitly recognising intersectional discrimination where employees may face discrimination due to overlapping identities. For example, being from a different race and female. This is permitted by amendments to Section 3 of the Equal Status Act clarifying that discrimination can occur on multiple grounds simultaneously and expands employers’ obligations to ensure fair and equitable treatment in the workplace.

While the Bill strengthens protections for employees, it will also introduce new challenges for businesses. Intersectional discrimination can be more complex to assess, as mistreatment may stem from a combination of factors rather than a single characteristic. This increases the need for enhanced HR policies and specialised training to educate and ensure that potential issues are dealt with before they escalate. Additionally, employers may need to adapt workplace policies and procedures to accommodate multi-ground claims.

4. Positive Action Measures

The Bill enables employers to take proactive steps toward increasing participation of underrepresented groups. Expanding beyond gender-based initiatives, employers can develop targeted recruitment programs designed to promote equality across various protected grounds.

Additionally, amendments to the Employment Equality Acts require objective justification for specific qualifications tied to roles, addressing potential indirect discrimination linked to educational, technical, or professional prerequisites.

Members maybe aware the in the US, President Trump signed a number of Executive Orders considered to be a roll back on EDI initiatives and is particularly targeting initiatives aimed at redressing under representation. It will remain to be seen if this mandate in US continues in force and how it will co-exist with any companies operating in US and Ireland.

5. Extended Timeframes for Lodging Complaints

The Bill proposes extending complaint deadlines with the Workplace Relations Commission (WRC) across several key acts:

• Employment Equality Act 1998: Current time limits of six months for filing discrimination claims are extended to 12 months, with an additional six-month extension for reasonable cause.
• Equal Status Act 2000-2018: Notification deadlines for discrimination claims are increased from two months to four, with extensions possible for reasonable cause. Filing deadlines with the WRC are similarly extended from six to 12 months.
• Maternity Protection Act 1994: Adjustments ensure claims related to pregnancy or breastfeeding discrimination can be filed within reasonable timeframes, even up to two years after pregnancy-related issues arise.

Again the extended deadlines are considered as providing greater access to justice for complainants but may pose challenges for employers by lengthening the period during which claims can arise.

Implications for Employers

Employers will need to adopt comprehensive measures to meet the new requirements under the Equality Bill. Key actions include:

• Developing clear anti-discrimination policies and training programs for managers to handle harassment or bias complaints effectively.
• Improving recruitment processes to promote fairness and transparency while addressing underrepresentation of certain groups.
• Ensuring compliance with pay transparency obligations, particularly in job advertisements and hiring practices.
• Training Staff

Additionally, the recognition of intersectional discrimination and extended timeframes for lodging complaints reinforces the need for employers to proactively assess and address workplace practices that may unintentionally perpetuate inequality.

Final Thoughts

The Equality (Miscellaneous Provisions) Bill 2024 reflects Ireland’s continuing commitment to advancing equality in the workplace. As the Bill progresses through the legislative process, we will keep you informed.

1. Gender Pay Gap Reporting Ireland- Online Portal Launch

Minister for Children, Disability and Equality, Norma Foley, has announced that the new gender pay gap reporting portal will be launched in Autumn 2025.

Come the 1^st June 2025, employers with 50 or more employees will be required to publish a gender pay gap report on the online portal.

This portal will bring reports from all private and public sector employers together for the first time. This portal will also be fully searchable by the public.

The current position is that in-scope employers are only required to publish their gender pay gap report on their own website. It is estimated that approximately 6,000 organisations will now be required to report their gender pay gap on the online portal.

Employers must choose a date in June each year as their “snapshot date” for collecting the relevant data. They will then have five months from this date to provide their Gender Pay Gap Report. The reporting date has also been brought forward by one month, moving the deadline for reporting from December to November each year.

CASE LAW UPDATE

1. An Employee v A Café (ADJ-00047296)

Sexual Harassment in Workplace

In a significant ruling (ADJ-00047296), the Workplace Relations Commission (WRC) awarded €12,000 in compensation to a former café worker following a complaint of sexual harassment arising from a work-related event. This decision sheds light on employer liability and the need for robust anti-harassment policies.

Background of the Case

 The complainant, who was employed by the café for 12 weeks in 2023, alleged she was sexually harassed by her manager, Mr. X, during a night out attended exclusively by café staff. The incident occurred when Mr. X walked the complainant home, allegedly pushing her against a wall and kissing her. The complainant stated she rejected his advance and pushed him away.

Following the incident, the complainant claimed Mr. X became hostile and critical of her work. She described experiencing stress due to the situation and eventually resigned from her position in June 2023. She further alleged that her concerns were not adequately addressed by management despite her attempts to escalate the issue.

Mr. X, however, argued the kiss was accidental and that he apologised immediately. He maintained that any criticism of the complainant’s work was due to her performance, which did not meet the café’s standards.

WRC’s Findings

 After examining the evidence, the Adjudicator concluded that the incident of sexual harassment occurred as described by the complainant. He noted that her actions—such as discussing the matter with colleagues and contacting senior management—supported her account.

The Adjudicator determined that Mr. X’s behaviour fell within the definition of sexual harassment under the Employment Equality Acts 1998-2015. Crucially, it was ruled that the night out, although not officially organised by the café, fell within the scope of employment due to its exclusive attendance by staff and its connection to the workplace.

The café’s legal defence argued that employers should not be discouraged from allowing social events for fear of liability. However, the WRC held that the café had failed to take reasonably practicable steps to prevent workplace harassment. This failure included a lack of training for managers, ineffective communication of anti-harassment policies, and inadequate support for the complainant.

 Outcome

 The WRC awarded the complainant €12,000, noting this was close to the maximum compensation available for such claims. However, it dismissed her allegations of workplace retaliation and confirmed her resignation was not considered constructive dismissal.

 Lessons for Employers

This case highlights the importance of robust workplace policies on harassment and proactive measures to prevent such incidents. Employers should ensure:

• Clear communication and accessibility of anti-harassment policies.
• Proper training for all staff, especially managers, on handling harassment complaints.
• Effective mechanisms for employees to report harassment safely.

 Anonymisation in WRC Decisions

 Notably, the WRC anonymised this decision, aligning with a recent Supreme Court judgment in another case. The Adjudicator acknowledged the potential for reputational harm arising from published rulings and deemed anonymity appropriate to protect the parties involved.

This case serves as a reminder that while social interactions among staff can foster camaraderie, employers must remain vigilant in ensuring a safe and respectful environment for all employees—inside and outside the workplace.

2. Tom Ronan V Commissioner for An Garda Siochana, Ireland and the Attorney General (High Court)

Employment disputes in Ireland often involve complex legal procedures, with injunctions emerging as a crucial mechanism for addressing issues like wrongful termination, discrimination, or breaches of employment law.

The ongoing case of Tom Ronan exemplifies the intricacies of this process, particularly in the context of age discrimination and mandatory retirement.

Background

Mr. Ronan, a civilian Garda driver, faced mandatory retirement at the age of 70 despite his protest that the decision constituted age discrimination. His complaint was upheld by the Workplace Relations Commission (WRC), who ruled that forcing Mr. Ronan to retire was discriminatory.

The WRC decision provided for re-engagement within four weeks of the ruling and extension of his employment for an additional three years.

Interestingly, while WRC acknowledged the objective justification for the mandatory retirement age, he found it unreasonable in Mr. Ronan’s case due to the financial hardship the retirement would impose.

On 14 November 2024, the first defendant appealed the WRC determination to the Labour Court and did not re-engage Mr. Ronan as directed by the WRC. Instead, the defendant sought Mr. Ronan’s consent for a stay on the WRC determination and formally requested a stay from the Labour Court on 20 November 2024.

The Labour Court, via a letter dated 27 November 2024, stated it had no jurisdiction to grant a stay. It clarified that any appeal to the Labour Court results in a de novo (fresh) hearing, and the WRC decision carries no binding weight during this process.

Mr. Ronan requested re-engagement in line with the WRC determination. However  the defendant declined, citing section 43(3) of the Workplace Relations Act 2015 which provide that WRC determinations are unenforceable while under appeal.

Mr. Ronan -initiated proceedings on 29 January 2025 and secured an interim injunction on 30 January 2025 to enforce the WRC determination and require re-engagement, allowing him to resume his duties temporarily.

 On 4 February 2025, the defendants then filed an application to discharge the interim injunction. The court consolidated both applications, which were subsequently heard on 6 February 2025.

However, when Mr. Ronan applied for an interlocutory injunction to maintain the interim arrangement until the Labour Court’s hearing, his request was denied on 14th February 2025.

That High Court held that:

• Age discrimination claims should be pursued through statutory mechanisms, namely the WRC and Labour Court.
• Granting an injunction would interfere with the Labour Court’s decision-making role.
• Section 43(3) of the Workplace Relations Act 2015 clarifies that WRC orders cannot be enforced by the District Court while under appeal.
• Exceptional circumstances are required to justify granting relief through an injunction when statutory remedies are available, and no such circumstances existed in this case.

The High Court’s decision reflects the limits of judicial intervention in statutory frameworks, emphasising the integrity of processes outlined in employment legislation.

Injunctions play a vital role in Irish employment disputes, offering temporary relief while awaiting the resolution of legal claims. They typically fall into two categories:

Interim Injunctions: Short-term measures granted without full arguments from all parties. These aim to preserve the status quo until the dispute is resolved.

Interlocutory Injunctions: Longer-term relief granted after hearing arguments from all parties. These remain in effect until the case’s conclusion.

For injunctions to succeed in employment disputes, claimants must typically satisfy three criteria:

• There is a serious issue to be tried.
• Damages would not suffice as compensation.
• The balance of convenience favours granting the injunction.

This case underscores the limits of using injunctions to enforce WRC orders under appeal. It highlights the principle that statutory remedies must be exhausted before judicial intervention. Moreover, Justice Mulcahy’s ruling illustrates that courts are reluctant to grant injunctions that could pre-emptively determine the outcome of statutory procedures.

Implications for Employers

Mandatory retirement ages and age discrimination remain highly complex areas of employment law.

Employers should:

• Seek legal advice before enforcing mandatory retirement, particularly when employees request to extend their employment.
• Ensure compliance with anti-discrimination legislation to mitigate the risk of disputes.
• Understand the potential implications of WRC rulings and appeals, including the limits on enforcement of decisions under the Workplace Relations Act 2015.

Looking Ahead

Mr. Ronan’s efforts to appeal the High Court’s refusal of an interlocutory injunction will be closely watched, as the Supreme Court or Court of Appeal may weigh in on the broader implications for employment law. Additionally, the Labour Court’s ruling on the WRC decision will provide further clarity on mandatory retirement and age discrimination.

ACAS has published new guidance on the rights to neonatal care leave and pay, which came into effect on Sunday, 6 April 2024.

The new rights to neonatal care leave and pay are to support for parents with a baby in neonatal care,

The Guide is divided into 6 parts covering

1. What the Law Says: An overview of the legal framework for neonatal care leave.
2. Checking Eligibility for Leave: Criteria for determining who qualifies for this leave.
3. Telling an Employer: How and when employees should notify their employer about their need for leave.
4. Managing Leave: Best practices for employers to support their staff during neonatal care leave.
5. Pay: Details of entitlement to neonatal care pay.
6. Rights During and After Leave: Protections for employees while on leave and when they return to work.

Some Key Points:

Duration of Leave: Neonatal care leave can range from a minimum of 1 week to a maximum of 12 weeks, depending on how long the baby requires neonatal care.

Eligibility: To qualify, the baby must have been in neonatal care for at least 7 consecutive days.

Combining with Other Leave: Neonatal care leave can be added to the end of any pre-booked statutory parental leave, giving parents additional flexibility.

Notice Requirements depend on whether the leave is classified as Tier 1 or Tier 2 Leave:

• Tier 1 Leave: Covers the period when the child is still in neonatal care and includes 1 week after neonatal care ends.
• Tier 2 Leave: Applies to the period beyond Tier 1 and before the end of 68 weeks from the child’s birth.

Retrospective Entitlement: Eligibility is only formalized once the child has been hospitalized for 7 days of neonatal care.

What Should Employers Do?

These provisions can be intricate and GB employers should ensure they understand the provisions. We have also have a Neonatal Care and Leave Policy and can provide this to any Member on request by emailing info@eefni.org

The ACAS Guidance can be accessed here

The Department for the Economy has confirmed the annual adjustment to limits for unfair dismissal and redundancy payments applying in Northern Ireland.

The Employment Rights (Increase of Limits) Order (Northern Ireland) 2025 will come into effect on 6 April 2025 aligning with similar changes in Great Britain.

Northern Ireland-Specific Figures

Notably, the updated Northern Ireland figures remain slightly higher than those in Great Britain.

The revised limits are as follows:

• Compensatory Award for Unfair Dismissal: Increasing from £115,341 to £118,455 (compared to £118,223 in GB).

• Maximum Amount of a Week’s Pay: Rising from £729 to £749 (compared to £719 in GB).

• Statutory Guarantee Payments: Rising from £38 to £39 (same rate as GB)

These changes apply to cases where the “appropriate date” falls on or after 6 April 2025. For example, where an employee’s dismissal becomes effective on or after this date.

The new limits are designed to reflect changes in the Retail Prices Index (RPI) between September 2023 and September 2024, which recorded a 2.7% increase (source: Office for National Statistics, all items RPI).

Employers should take note of these updated limits and adjust their calculations for redundancy payments and potential unfair dismissal claims that fall on or after 6 April 2025.

The UK Government recently published its response to Making Work Pay: Strengthening Statutory Sick Pay (SSP) on 4 March 2025.  Then on 14 March 2025, the government responded to a report published by the House of Commons Work and Pensions Committee entitled Statutory Sick Pay

We have set out these key updates arising from these documents and the implications for Northern Ireland employers below.

Northern Ireland and SSP Changes

Although SSP is a transferred matter in Northern Ireland, meaning that it is the responsibility of the NI Assembly to decide how to proceed, historically we have always maintained parity with GB.

The Government’ response confirms that that will continue to be the case. It states:

“SSP is a transferred matter in Northern Ireland, however following extensive engagement with the Department of Communities, both governments agreed to bring forward amendments to extend these changes to Northern Ireland, including the percentage rate of 80%. Therefore, subject to the approval of a Legislative Consent Motion by the Northern Ireland Assembly, parity will be maintained in relation to SSP. We will continue to work closely with the Department for Communities in Northern Ireland as the Bill progresses.”

Therefore Northern Ireland will implement these changes in the same way and at the same time as GB.

Planned SSP changes

 The changes that will be made to SSP are as follow:

1. SSP Rate Adjustments: A new rate for SSP will be set at either 80% of weekly earnings or the existing flat rate (increasing from £116.75 to £118.75 per week as of April 2025). This new higher flat rate of SSP (£118.75) only comes into effect only in April 2025 in line with usual annual increases that we expect. The other, more fundamental, changes to the SSP regime currently have no date for implementation at this stage.
2. When the more fundamental changes come into effect it does mean that for some employees they maybe worse off under the when these changes take e as they will receive 80% of their salary rather than the flat rate. For example, an employee earning £125, which is slightly above the lower earning threshold, would currently receive £116.75. Under the new regime they will receive a lower sum of £100.

The Government refused calls to align SSP to levels of other benefit such as SMP (which increases to £187.18 or 90% of the employee’s average weekly earnings, whichever is lower in April 2025) for reasons that includes SMP is a planned absence that is paid for different reasons and small employers can recoup up to 92% of it.

3. Removal of the Waiting Period: SSP will be paid from Day 1 of absence rather than Day 4.

4. Elimination of the Lower Earnings Threshold: The Lower Earnings Threshold is currently £123 per week rising to £125.00 or more per week  in April 2025. When implemented, all employees, regardless of income, will qualify for SSP.

These changes will be made to the GB Employment Rights Bill, which is currently progressing through Parliament and currently being considered in the House of Lords with its Second Reading on 27 March 2025.

What’s Not Changing

Again despite calls for a rebate scheme the Government has confirmed that there will be no Rebate Scheme for Small Businesses.

Instead the Government has said it will consider how employers can be supported in promoting healthy workplaces that enable people to stay in, or return to, work.

The government has also confirmed that there will be no reduction in Self-Certification Period which will remain at 7-days when the employee can self-certify as being not fit and only expected to obtain a Fit Note from Day 8.

Timeline and Implementation

The GB Employment Rights Bill is expected to gain Royal Assent before the 2025 summer recess. However, SSP changes will not take effect immediately—they will be implemented only once the Act’s provisions are commenced. The government has assured that employers will have sufficient time to prepare for these changes. At this point (other than the annual increase to the rate) there is no date for implementation.

In Northern Ireland, the rollout of these changes is expected to align with the GB timeline, subject to the necessary approval processes.

We will keep you updated as the legislative process unfolds to ensure readiness for these significant SSP reforms. Clear communication with employees and adjustments to internal policies will be key to ensure a smooth transition.

Great Britain Employment Rights: Increase in Limits (14 March 2025)

In Great Britain, The Employment Rights (Increase of Limits) Order 2025 (No. 348) was laid before Parliament on 14 March 2025 and comes into effect on 6 April 2025. This sets out the level of annual increases to awards and amounts

Increases from 6 April 2025:

The Order confirms that from 6 April 2025:

• Week’s Pay: Rises from £700 to £
• Compensatory Award* Increases from £115,115 to £118,223*. 

(In GB, the compensatory award  is capped at the lower of either this upper limit or one year’s salary. In contrast, Northern Ireland only applies the statutory cap of  the upper limit and has no corresponding  one-year salary cap.)

• Guarantee Pay: A modest increase from £38 to £39 per day.

These new rates apply to events, such as dismissals, dismissals, occurring on or after 6 April 2025.

Updates for Northern Ireland

Northern Ireland has yet to publish its updated rates. Companies maybe aware that the rates in Northern Ireland  historically  differ to those in GB due to a different rounding method. For example, in comparison in 2024, Northern Ireland’s limits include:

• Compensatory Award: £115,341 (2024 rate).
• Week’s Pay Limit: £729 (2024 rate).

It is expected that any new rates for NI will also take effect from 6 April 2025. We will notify Members when the new rates are published.