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Background

A significant package of trade union reforms are due to take effect in Great Britain on 30 October 2026, as part of the phased implementation of the Employment Rights Act 2025.

The measures include:

  • a new duty to inform workers of their right to join a trade union
  • new trade unions’ right of access
  • reforms to recognition and derecognition processes,
  • new rights and protections for trade union representatives
  • extended protections against detriment for taking industrial action.

However, the reform that is likely to generate the most immediate practical questions for employers is the new statutory right for independent trade unions to request access to workplaces.

The revised draft Code of Practice on trade union access was put before Parliament on 6 July 2026, alongside secondary legislation (see here and here) setting out the operational and procedural detail of the new framework. Subject to Parliamentary approval, the Code and related legislation are expected to come into force in October 2026.

This is a substantial change in the employee relations landscape and it is important to note this right of access will be to both unionised and non-unionised workplaces. At present, in non-unionised workplaces, trade union access is largely a matter for employer agreement. Under the new framework, certified independent trade unions will be able to request access for a range of purposes, including meeting, supporting, representing, recruiting and organising workers and facilitating collective bargaining.

Summary of the GB changes

The new statutory access framework will apply in England, Scotland and Wales. Note this will not apply to Northern Ireland (see the current position in Northern Ireland below)

The key points for employers in GB are as follows:

  • Independent trade unions will be able to request access to workplaces. Access may be physical, digital, or a combination of both.
  • The union will not need to have existing recognition rights, existing members in the workplace, or any previous presence at the workplace before making a request.
  • An access request may relate to more than one workplace, and multiple unions may make access requests.
  • Employers will need to respond to access requests within the statutory timescales. The Government’s employer-facing guidance states that employers must respond within 15 working days, and that employers and unions will then have 25 working days to negotiate an access agreement.
  • Where agreement cannot be reached, the Central Arbitration Committee (CAC) will be able to determine whether access should be granted and set the terms of access.
  • The CAC will not be able to impose an access agreement where an employer has fewer than 21 workers across all of its workplaces.
  • The CAC will also oversee and enforce statutory access agreements, including through penalty fines for non-compliance.

The revised Code provides practical guidance on how access requests should be made, how access agreements should be negotiated and implemented and how the framework should operate across different types of workplaces. The Government states that the Code will be the main source of practical guidance on the new statutory access framework.

Why this matters for employers and practical steps

For employers, the practical implications could be significant, even where there is no current trade union recognition or history of trade union activity in the workplace.

The starting point for employers should be preparation rather than reaction. Businesses should consider now who will receive and manage access requests, how those requests will be escalated internally, and what records will be maintained.

The updated Code provides clearer guidance on practical issues, including access across multiple workplaces, workplace facilities, operational, health and safety, security and safeguarding considerations and privacy in the context of digital access.

Employers operating in Great Britain should therefore consider taking the following preparatory steps before 30 October 2026:

  1. Identify responsibility internally
    Decide who will receive, acknowledge, respond to and negotiate access requests. This may include HR, legal, employee relations and site management.
  2. Prepare an access request process
    Put in place an internal process for logging the date of receipt, calculating deadlines, preserving correspondence and escalating requests promptly.
  3. Review employee relations arrangements
    Consider whether existing staff forums, consultation structures or employee representative arrangements are effective. If they are not, this may be an appropriate time to strengthen them.
  4. Map workplace-specific issues
    Identify any site-specific operational, health and safety, security, confidentiality or safeguarding factors that may be relevant to access.
  5. Plan for digital access
    Consider how digital access might work in practice, including whether communications would be cascaded by the employer, whether online meetings could be facilitated and how privacy would be protected.
  6. Train managers
    Managers should understand the basic framework, the importance of not dismissing access requests informally and the importance of maintaining constructive communications.
  7. Keep records
    Given the potential for Central Arbitration Committee involvement and enforcement, employers should retain a clear audit trail of requests, responses, negotiations and decisions.

The position in Northern Ireland

In Northern Ireland, the position is quite different to GB and trade union access proposals form part of the wider Good Jobs Employment Rights Bill agenda.

The proposed approach in Northern Ireland is lighter touch in comparison to GB and is akin to the model adopted in New Zealand. The current proposals are based on access agreements and at present (with late concession providing an exemptions for employers with less than 10 employees) and there is no information on what penalties may apply where access is unreasonably refused.

The proposals will also be supported by a code of practice on promoting productive workplace relationships, which is expected to also include a mechanism for employers to report inappropriate behaviour by trade unions.

Proposed access rights are one of the reasons why the Good Jobs Bill has not yet progressed from the Executive to the Assembly. There is likely to be renewed pressure in September 2026 to move the Bill forward if it it is to pass before the end of the current mandate in May 2027. It remains unclear whether any further changes will be made to the current proposals on access rights.

We will keep you updated.

What should Northern Ireland employers do now?

Although the Northern Ireland proposals are not yet in force, employers should keep this issue under review.

For now, Northern Ireland employers should consider:

  • auditing existing employee voice structures;
  • reviewing how employee concerns are raised and resolved;
  • identifying whether any trade union relationships already exist, formally or informally;
  • considering how workplace access could operate in practice if a request is made;
  • identifying operational, security, confidentiality and health and safety issues;
  • training managers on constructive engagement and early resolution; and
  • monitoring the progress of the NI Good Jobs Employment Rights Bill.

Key takeaway

Trade union access is moving up the legislative agenda across both GB and Northern Ireland, but the legal mechanisms are not the same. GB employers should prepare for a statutory access agreement regime from 30 October 2026, subject to Parliamentary approval. Northern Ireland employers should monitor the Good Jobs Employment Rights Bill closely, particularly the proposed access request model, the role of guidance or codes and any future enforcement mechanism.

For employers in both jurisdictions, the practical message is the same: now is the time to review employee engagement, strengthen internal voice mechanisms, train managers and prepare clear processes for responding to trade union access requests.

On 8 July 2026, Economy Minister Dr Caoimhe Archibald reaffirmed her commitment to introducing paid safe leave for victims of domestic abuse before the end of the current Assembly mandate in May 2027.

The legislation was introduced against the backdrop of the significant social and economic impact of domestic abuse. CEO of Woman’s Aid ABCLM, Gillian Robinson is quoted to have said  “Domestic abuse costs businesses in Northern Ireland around £931m each year through lost output, increased staff turnover, reduced morale and lower productivity.”

For HR professionals, understanding the scope of these rights and preparing for their implementation is essential.

The Legislative Framework

Northern Ireland was the first jurisdiction in the United Kingdom to legislate for paid domestic violence leave. This was enacted through the Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022, which received Royal Assent on 24 March 2022, just before Stormont collapsed. However the Act is not yet in force.

Following the restoration of Stormont, the Department for the Economy then sought views on how to operationalise the provisions in the Act. That Consultation ran from 5 July 2024 to 27 September 2024 and no formal response has yet been provided. However on 8 July 2026, Economy Minister Dr Caoimhe Archibald reaffirmed her commitment to introducing paid safe leave for victims of domestic abuse before the end of the current Assembly mandate i.e 27 May 2027

What Rights Will Employees Have?

Once commenced, the Act will provide employees and workers who are victims of domestic abuse with:

  • At least 10 days’ paid safe leave in each leave year;
  • A day one right, meaning no minimum qualifying period of service will be required; and
  • Protection when taking leave for purposes connected with domestic abuse.

The leave is intended to enable individuals to address practical and personal issues arising from domestic abuse, including:

  • Obtaining legal advice and pursuing legal proceedings;
  • Finding or securing alternative accommodation;
  • Accessing medical treatment and healthcare services, including mental health support;
  • Obtaining welfare and support services; and
  • Taking steps to protect family members and dependants.

The Northern Ireland Women’s Aid Workplace Charter

Women’s Aid are involved in the Department’s Domestic Abuse Safe Leave Working Group, which is helping to develop practical guidance for employers and workers ahead of the introduction of the new entitlement.

On 28 July 2026, Women’s Aid Workplace Charter on Domestic Abuse was launched. The Charter stated purpose is to assist employers recognise domestic abuse as a workplace issue and providing meaningful support to affected employees.

The Charter consists of 7 Steps:

Step 1 Register

Step 2 Assessment: a review existing organisational policies and practices.

Step 3 Policy Support: Develop or strengthen policies to align with Ending Violence Against Women and Girls (EVAWG) standards.

Step 4 Staff Training: Deliver the one-hour Empowering People training module to at least 80% of employees.

Step 5 Workplace Champions: Train key representatives through a three-hour session to support implementation and respond appropriately to disclosures.

Step 6 Audit: Participate in annual compliance reviews and a formal audit every three years.

Step 7 Award: Achieve formal Workplace Charter accreditation.

Learnings from the Republic of Ireland

While Northern Ireland’s legislation has yet to come into force, employers can draw valuable lessons from the Republic of Ireland, where statutory domestic violence leave was introduced on 27 November 2023.

Employees in the Republic are entitled to five days’ paid domestic violence leave within a 12-month period. The entitlement applies from the first day of employment and may be taken without advance notice where circumstances require. Significantly, the right extends not only to employees who are experiencing domestic violence themselves but also to those supporting certain family members or intimate partners affected by abuse.

The Republic’s experience has highlighted a number of practical issues for employers, including how requests should be handled, what information can appropriately be sought from employees, and how confidentiality should be maintained.

Workplace Relations Commission Decision

A recent decision of the Workplace Relations Commission (WRC), believed to be the first case concerning domestic violence leave in the Republic of Ireland, provides useful guidance for employers.

An Officer v A State Agency (ADJ-00060744)

Facts 

The dispute arose after the employee, whose request for annual leave had been refused, sought to retrospectively classify the same day’s absence as domestic violence leave. When the employer requested a Garda reference number or other evidence to support the request, the employee refused, arguing that no supporting information was required and raising GDPR concerns. While acknowledging it could not seek personal details about the alleged incident, the employer maintained that requesting basic evidence to substantiate the leave was reasonable.

Decision 

In considering the complaint, the Adjudicator acknowledged that domestic violence leave is intended to be confidential and that employers should not seek details of the abuse itself. However, he held that employers are entitled to request limited, basic information to verify that an absence qualifies for domestic violence leave, as no form of leave should be granted without reasonable administrative requirements. The Adjudicator found that the employer had acted proportionately, was willing to accept alternative forms of evidence, and had attempted to reach a compromise. In contrast, the employee’s refusal to provide any supporting information prevented such a compromise, leading to the conclusion that the complaint was not well founded.

This case serves as a useful reminder that employers must balance confidentiality with legitimate HR administration when considering domestic violence leave requests. While employers should not seek details of the abuse or other sensitive personal information, they may request limited and proportionate information to verify an employee’s entitlement to leave. Any such enquiries should be handled sensitively, treated confidentially, and focused solely on confirming eligibility rather than investigating the circumstances giving rise to the request.

Practical Considerations for Employers

In advance of the legislation taking effect in Northern Ireland, HR teams should consider:

  • Reviewing absence and special leave policies;
  • Developing a dedicated domestic abuse policy or guidance;
  • Identifying trained points of contact within the organisation;
  • Ensuring managers understand the sensitive nature of domestic abuse disclosures;
  • Establishing robust confidentiality procedures; and
  • Considering what, if any, supporting information may be requested from employees while avoiding unnecessary barriers to accessing leave.

Policies should make clear that information relating to domestic abuse will be handled sensitively and shared strictly on a need-to-know basis.

Next Steps

For Northern Ireland employers, the legal framework is already in place and will come into force in next year.

We will of course keep you updated on any further developments.

The summer months are traditionally a quieter period for employment law developments. However, 2026 has proved to be an exception in Great Britain, with significant legislative change continuing at pace.

Several important deadlines are now approaching. We have summarised the key developments taking effect in Great Britain below and highlighted the areas where the position differs in Northern Ireland.

Employment Rights Act 2025: Updated Implementation Timeline

The UK Government has published an Updated Implementation Time for the Employment Rights Act 2025 (ERA 2025) and related employment reforms. The timeline confirms that a number of major changes will take effect during the remainder of 2026 and into 2027.

Key Dates for Employers (these changes only apply in Great Britain)

  1. Introduction of Electronic and Workplace Balloting – 25 August 2026

Electronic and workplace balloting for statutory trade union ballots will be introduced in Great Britain. Electronic voting for recognition and derecognition ballots will follow at a later stage.

DBIST: Statutory guidance: Electronic and workplace balloting: code of practice (28 July 2026), The Code of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026 (SI 2026/880) and The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (SI 2026/881)

The position in Northern Ireland:

In Northern Ireland there are similar proposals to allow electronic and workplace balloting which are part of the Good Jobs Bill. We do not yet know if and when those changes could come into force.

  1. Extension of time limit to lodge Employment Tribunal Claims- 1 October 2026

In Great Britain only the time limit for bringing most Employment Tribunal claims will increase from three months to six months.

Transitional provisions make clear that the six-month time limit will only apply where the relevant date (the date of the less favourable treatment, detriment, or other infringement as the case may be) falls on or after 1 October 2026.  Claims based on a cause of action arising wholly before 1 October 2026 will remain subject to a three-month time limit.

The position in Northern Ireland:

In Northern Ireland there is no proposed change to the time limits for bringing Industrial Tribunal claims which will remain at 3 months for the majority of claims.

  1. Trade Union Reform- 30 October 2026

Several significant trade union measures will come into force, including:

  1. A duty on employers to inform workers of their right to join a trade union.
  2. Stronger rights of access for trade unions.
  3. Changes to recognition and derecognition procedures.
  4. New rights and protections for trade union representatives.
  5. Enhanced protection against detriment for employees taking industrial action.

We will be providing a separate, more detailed update on these changes.

The position in Northern Ireland:

In Northern Ireland there are similar proposals to inform workers of a right to join a trade union and whilst there are proposals to allow trade union access the ‘how’ differs to the proposals in Great Britain.

We will be providing a separate, more detailed update on these changes.

  1. Sexual Harassment Reforms- 30th October 2026

Employers will be required to take all reasonable steps to prevent sexual harassment. The legislation will also reintroduce employer liability for harassment of employees by third parties. In addition, the Government will have the power to specify further evidence-based steps employers must take to prevent harassment in the future.

The position in Northern Ireland:

In Northern Ireland there is already laws in place allowing workers to bring Third Party Harassment claims if the ‘employer’ is aware of two other incidents of third-party harassment. In Great Britian the laws will go further in that the employer could be liable from the first incident of third-party harassment.

Other October Changes

  • Establishment of the Adult Social Care Negotiating Body in England.
  • Reinstatement of the “two-tier workforce code”, ensuring outsourced private sector workers receive terms no less favourable than employees transferred from the public sector.

The position in Northern Ireland:

In Northern Ireland opinion was gathered on Sectoral Work Agreements and this is an area which we may see proposals coming forward in the future. However, at this stage there are no firm proposals.

December 2026

Further measures due before the end of the year include:

  • Introduction of Seafarer Protection Regulations.
  • Strengthened legislation governing tips and gratuities.

Looking Ahead to 2027

From 1 January 2027:

  • The qualifying period for ordinary unfair dismissal claims will reduce from two years to six months.
  • The cap on compensatory awards for unfair dismissal claims will be removed.
  • New restrictions on “fire and rehire” practices will come into force.

Further reforms expected during 2027 include menopause action plans, guaranteed hours provisions, changes to collective consultation requirements and measures limiting the use of NDAs in harassment and discrimination cases.

The position in Northern Ireland:

In Northern Ireland the qualifying period to bring an unfair dismissal claim is 1 year and there are no proposals to change that or remove the cap.

In Northern Ireland there are also proposals to restrict the use of fire and rehire and these are similar to those in Great Britain. We do not know if and when this change could come into force.

In Northern Ireland, there are proposals to limit the use of exploitative zero-hour contracts. However, these plans differ from those in Great Britain, as the approach in Northern Ireland will focus on Banded Hours provisions.

NEW CODE OF PRACTICES:

Updated EHRC Services Code of Practice

On 5 August 2026, the Equality and Human Rights Commission (EHRC) brought into force an updated Code of Practice covering services, public functions and associations. The revised Code reflects developments in the law since 2011, including recent case law arising from the Supreme Court’s decision in For Women Scotland Ltd v Scottish Ministers.

EHRC: Code of practice for services, public functions and associations: next steps, The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Revocation) Order 2026 (SI 2026/787), The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026 (SI 2026/788) and Guidance: Final stage impact assessment (updated 15 July 2026).

The position in Northern Ireland:

It is important to note that this EHRC Code does not apply in Northern Ireland. The legal framework governing equality law here remains separate.

The Equality Commission for Northern Ireland has commenced High Court proceedings seeking clarity on whether the implications of the For Women Scotland decision will extend to Northern Ireland. We will be discussing the latest developments and practical implications at our forthcoming conference.

Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers and its implications for Northern Ireland equality law

Draft Code of Practice Code of Practice on disciplinary and grievance procedures (draft)

Acas has published a comprehensive revision of its Code of Practice on Disciplinary and Grievance Procedures, representing the first major review since 2015. A consultation is currently underway and closes on 23 September 2026.

Key Proposed Changes

The draft Code places much greater emphasis on:

  • Early and informal resolution of workplace issues.
  • Mediation and facilitated conversations.
  • Explaining attempts made to resolve concerns informally before initiating formal disciplinary or grievance procedures.
  • Greater focus on reasonable adjustments for disabled workers.
  • Expanded guidance on accompaniment at meetings.
  • Clearer limits on when suspension should be used.
  • Use of the term “worker” rather than “employee” throughout the Code.

Employers who unreasonably fail to comply with the revised Code could face an adjustment of up to 25% in relevant compensation awards.

The position in Northern Ireland

As with the EHRC Code, these Acas changes do not apply in Northern Ireland.

The current Labour Relations Agency Code of Practice on disciplinary and grievance procedures remains in force. The Statutory Dismissal Procedures provided for by Schedule 1 of the Employment (Northern Ireland) Order 2003 are also still in effect. However, if the proposed Good Jobs legislation progresses, we anticipate that the LRA Code, last updated in April 2011, is likely to be reviewed and modernised along similar lines. This is certainly an area employers should continue to watch closely.

Further detail

We will separately drafting updates on the new rights around Trade Union Access in Great Britain and changes regarding the Right to Work Checks

 

HR Skills Masterclass Nov 2026 (002)

From 19 June 2026, a significant change to UK data protection law has come into force under the Data (Use and Access) Act 2025 (“DUAA”). This change introduces a statutory requirement for all data controllers to implement a formal internal process to handle data protection complaints.

A new statutory right to complain 

Historically, individuals could complain directly to the Information Commissioner’s Office (ICO), but organisations were not expressly required to operate their own internal complaints procedure.

The DUAA has amended this position by inserting a new section 16A into the Data Protection Act 2018. Under the DUAA data controllers now must:

  • give data subjects a way of making data protection complaints directly;
  • acknowledge receipt of complaints within 30 days of receiving them;
  • without undue delay, take appropriate steps to respond to complaints, including making appropriate enquiries, and keep people informed; and
  • without undue delay, tell people the outcome of their complaints.

The intent of the legislation is to encourage early resolution of disputes and reducing regulatory involvement where issues can be resolved directly.

Practical impact on employers

Whilst the intent of the legislation is to encourage resolution of disputes over data related issues at an early stage, in reality this change is likely to result in a heavier compliance and administrative load for employers.

Greater attention will be now paid to the robustness of internal complaint procedures, particularly the way complaints are recognised, examined and resolved, and organisations may need to commit more time and resource to ensure investigations are carried out thoroughly.

What sort of complaint can a data subject make?

Data subjects may submit a complaint to an organisation where they believe an organisation has failed to comply with data protection law whilst handling their personal data.

This could include complaints in relation to an organisation’s response to a subject access request or in relation to their data use, sharing, accuracy, retention and security issues.

Practical ICO guidance

The ICO has published new Guidance on preparing for data protection complaints, which sets out practical steps organisations that act as data controllers should take:

  • Organisations must ensure that individuals are able to submit data protection complaints directly in line with the DUAA eg via a complaint form, email, telephone etc.
  • Organisations must inform individuals of their right to complain, including in privacy notices, and provide clear, plain‑language explanations of the process.
  • Once a complaint is received, organisations must acknowledge receipt of the complaint within 30 days and then investigate the issue without undue delay.
  • Once the investigation is completed, the complainant must be informed about the outcome without an unjustifiable or excessive delay, with a clear explanation of the steps that have been taken to resolve the complaint and any actions taken.
  • Individuals must also be informed of their right to complain to the ICO and be provided with the ICO’s contact details.

We would encourage members to review this guidance.

Failure to handle complaints

A failure to handle complaints correctly and in line with the guidance will likely result in further escalation to the Information Commissioner’s Office which may result in investigations and/ or regulatory action (depending on the seriousness). Outside of this, there is also a risk of reputational damage if a complaint is mishandled.

Key takeaways

Organisations should now take immediate steps to implement a clear internal process for handling data protection complaints, ensuring processes are in place to record complaints received, update their privacy notices and train staff on any new procedures and how to handle complaints.

We are currently drafting a template procedure that can be adapted to your organisation and we will share this in the next week.

Our Mock Tribunal, held at the Culloden Hotel, offered attendees an authentic and practical understanding of Employment Tribunal proceedings. The event centred on a case involving claims of unfair dismissal and sex discrimination, brought by a female employee dismissed after making inappropriate comments to a manager, colleague, and customer.

Kathryn O’Lone, Senior Employment Solicitor, represented the Claimant, while Michelle McGinley, Managing Director, acted for the Company. We were honoured to have Eileen McBride CBE, former President of the Employment Tribunal, preside as Judge, and Sara Plower, Employment Lawyer, open the case as Clerk.

Setting the Scene

Before the hearing commenced, Karen Moore, Senior Employment Lawyer & Head of Training, guided attendees through the process leading up to a tribunal, explaining what typically happens before a case reaches hearing and what to expect on the day.

The Hearing

The proceedings began with the Claimant’s cross-examination, which prompted some attendees to reconsider their views on the likely outcome. After a brief interval, the Company presented its evidence and underwent cross-examination. What truly set this session apart was its unscripted nature; questions and responses developed organically, mirroring the pace and unpredictability of a real tribunal hearing.

Participation & Learning

Trainee barristers Joel Hames and Falon McLean appeared as witnesses, experiencing the genuine pressure of cross-examination. This provided the opportunity to observe several key aspects:

  • The experience of giving evidence under questioning
  • The importance of consistency and clarity in responses
  • How evidence is tested and challenged during a hearing
  • The impact of detail on how a case is interpreted

Attendees gained a genuine insight into the challenges of giving evidence and the significance of every word in a tribunal setting.

Feedback all praised its realism, with many participants commenting on the value of seeing a tribunal played out in such a practical real time environment. One attendee commented their only regret was not attending sooner.

Thank you to all who attended.

On 2 June 2026, In Great Britain the Government launched a Consultation on how it will implement new rules for zero hours and low hours contracts under the Employment Rights Act 2025. The Consultation is open until 25 August 2026.

What is changing?

Three new core rights are being proposed:

  1. Right to guaranteed hours

Workers on zero hours or low hours contracts may be entitled to a contract that reflects what they work. This applies where they regularly work more hours over a defined reference period (likely to be 12 weeks). Workers can either accept the new guaranteed hours or stay on their existing arrangement. This creates an obligation to assess working patterns and potentially offer new contracts

  1. Right to reasonable notice of shifts

Workers must be given reasonable notice of changes to shifts. The exact definition of “reasonable” is still being consulted on, but suggested ranges include:

  • 1–4 weeks for direct workers
  • Shorter periods being considered for agency workers

If notice is too short, workers may be able to bring a tribunal claim

  1. Right to compensation for short notice changes

Workers will be entitled to a payment if shifts are: cancelled; shortened or moved at short notice. “Short notice” could be anything between 1 and 7 days with payment will likely be a percentage of expected earnings. However, there will be no payment where the worker caused the change and/or the shift was voluntarily swapped.

Who will qualify?

Workers may qualify if:

  • They are on zero hours contracts, or
  • Their guaranteed hours fall below a set threshold.

The Government is proposing a threshold between: 8 – 20 hours per week. This is one of the most important areas for employer input during the consultation. In relation the reference period, the Government’s preferred option is 12 weeks but it is also considering 26 weeks or 52 weeks. The consultation also asks how these periods will repeat, which will directly impact record‑keeping burdens

What counts as “regular” work?

Two approaches are being considered:

Option A: Worker must work a minimum number of weeks (e.g. 8 out of 12)

Option B: Must meet the above AND work a minimum number of excess hours.

Seasonal and temporary work

Employers may not need to offer guaranteed hours where work is genuinely temporary. Accepted reasons include: for a specific task, temporary event; and/or temporary demand. However, the Government recognises this may not fully cover seasonal work and is seeking views.

Agency workers

Agency workers are included in this proposal and typically, the hirer would be responsible for guaranteed hours. However, responsibility could shift to agencies in some scenarios.

Enforcement and penalties

  • Most rights will be enforced via employment tribunals
  • Short notice payments may also be enforced by the Fair Work Agency

Proposed penalty: is 50% of arrears with a minimum of £100 and maximum £5,000 per worker.

The position in Northern Ireland

The position in Northern Ireland remains separate given devolved employment law.

The Good Jobs Bill is currently in the Executive and at this stage due to concerns with trade union access, there is no consent at Executive level which is required to allow it to proceed to be debated in the Assembly.

Within the Bill, proposals on zero hours contracts are expected to align more closely with the Republic of Ireland model, introducing banded hours arrangements, rather than the GB model.

This is a significantly different approach to that being proposed in Great Britain.

Furthermore, in Northern Ireland the proposals currently only extend to employees.

However, the Way Forward document suggests this could be extended to agency workers and those on low hours contracts. Additionally Northern Ireland is proposing a longer reference period of 26 weeks, and it would operate as a right to request banded hours not a right to offer.

Employers Federation with 20 other business groups across Northern Ireland have published the following statement:

“The NI business community stand united in strongly condemning the violence, disorder and intimidation witnessed in recent days across Northern Ireland.

There can be no justification for attacks on people, property or communities. Such actions undermine the values of respect, inclusion and mutual understanding that are essential to a peaceful and prosperous society.

Northern Ireland’s economy and public services depend on people from many backgrounds who have chosen to live and work here. Migrant workers make a vital contribution across every sector of our economy, including health and social care, hospitality, manufacturing, construction, agri-food, retail and professional services. Their skills, commitment and entrepreneurship help sustain businesses, strengthen public services and enrich our communities.

Northern Ireland has worked hard to build a reputation as a welcoming place to live, work, visit and invest. Images of violence and division risk damaging that reputation at a time when we are seeking to attract tourists, international talent, investment and raise living standards. Such incidents create unnecessary harm to local communities.

As representatives of the business community, we believe our future prosperity depends on creating a society that is open, inclusive and welcoming to all. We reject attempts to sow division and fear, and we stand with all those who are working to promote respect, safety and community cohesion.

We urge everyone to reject violence, support the rule of law and work together to ensure Northern Ireland remains a place where all people are treated with dignity and respect.”

Business in the Community Northern Ireland Construction Employers Federation (CEF)
Dairy Council for Northern Ireland CBI Northern Ireland FSB Northern Ireland (Federation of Small Businesses) HOSPITALITY ULSTER IoD Northern Ireland ManufacturingNI NORTHERN IRELAND CHAMBER OF COMMERCE AND INDUSTRY Northern Ireland Food and Drink Association – NIFDA Northern Ireland Hotels Federation NORTHERN IRELAND GRAIN TRADE ASSOCIATION LIMITED NORTHERN IRELAND MEAT EXPORTERS ASSOCIATION LTD NI Poultry Industry Federation Northern Ireland Tourism Alliance (NITA) Northern Ireland Retail Consortium British Retail Consortium, NI Pork and Bacon Forum Retail NI Mineral Products Association Ulster Farmers Union

A Statement on behalf of CBI NI, Employers Federation Northern Ireland, FSB NI, IOD NI, Manufacturing NI and NI Chamber

BUSINESS GROUPS WELCOME MOVEMENT ON ‘GOOD JOBS’ BILL BUT WARN SIGNIFICANT CONCERNS REMAIN

“We welcome the Minister’s decision to exempt micro-businesses from the proposed trade union access provisions. This recognises the pressures facing our smallest employers, but it does not address the wider concerns the Employment Rights Bill continues to raise for businesses of all sizes.

“We have spent the last decade navigating low growth, EU exit, the pandemic and sustained cost pressures. These are not abstract challenges; they shape decisions on investment, recruitment and growth every day.

“We continually test and assess the mood of those we represent, including in this past week. We have a responsibility to speak honestly on their behalf. Small, large, homegrown and FDI employers accept that employment laws should be updated but as has been heard directly by the Minister and the Department, they have not been convinced and remain alarmed at some of the proposals.

“Our concern remains that legislation of this scale cannot be properly scrutinised within the time available, given its potentially far-reaching consequences for employers and employees alike. We have now learned that much of the detail, including the legal requirements on employers, will be left to secondary legislation, meaning key aspects of the framework may never receive the full and transparent consultation and Assembly scrutiny that proposals of this significance require.

“Issues remain across several areas but, on trade union access, there remains deep concern that the proposals go well beyond international norms and, even with Friday’s proposed easement, it would remain one of the most expansive workplace access regimes anywhere in the world.

“If any statutory rights of access are to be considered, they must be matched by equivalent legal protections for frontline managers and staff. The final framework must include robust and workable safeguards for employers in primary legislation, and there remains a need for much more engagement on both trade union access and recognition.

“We all want to see good legislation which improves protections for employees and for good firms. Getting this law right is important so we continue to press for a balanced and workable approach that supports constructive employee relations while safeguarding Northern Ireland as a place to invest, grow and create jobs.

“We have written to the Minister seeking an urgent meeting with the 22 signatories to our April 2026 letter so that the business community can engage directly and constructively on the significant issues this Bill still presents.”

 

Headline news on 21 May 2026 was that, in Great Britain, the Equality and Human Rights Commission (EHRC) has updated its Goods and Services Code of Practice, which was laid in Parliament by the Minister for Women and Equalities. It is important to note that this Code applies in Great Britain and only to goods and services (and related public functions and associations), not to employment.

Therefore, the Code does not relate to the employment practices of businesses, charities or voluntary bodies. Employment is covered by a different Statutory Code of Practice. The last Code of Practice on Employment is dated 2019 and has not yet been updated following the Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 that held sex means biological sex in the Equality Act 2010. The EHRC website currently states:

For businesses, charities and voluntary bodies, the practical impact is that the updated guidance is relevant to them if and when they provide services, exercise public functions and/or operate as associations.

In respect of the Code of Practice for Employment the ECHR website states:

Following the Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 this Codes of Practice in under review

The most substantial updates in this Services Code are to reflect the Supreme Court decision which found that sex  means biological sex under the Equality Act 2010.

This Code is not limited to sex but covers all nine protected characteristics of:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

The updated Code runs to over 300 pages and:

  • Clarifies that associations can lawfully cater for people who share one protected characteristic; more than one protected characteristic; or a particular combination of protected characteristics.
  • Clarifies when different conditions may meet the definition of disability, including hidden impairments, fluctuating conditions and neurodiverse conditions, and makes the explanations of reasonable adjustments for disabled people clearer.
  • Updates examples relating to indirect discrimination, group disadvantage, discrimination arising from disability and age-related harassment. It also includes additional examples relating to gender reassignment and digital or online scenarios.
  • Clarifies what service providers should consider when deciding whether separate and single-sex services are a proportionate means of achieving a legitimate aim; when mixed-sex services may be necessary; and the potential legal implications of providing only mixed-sex services.
  • Provides more detail on when it may be objectively justifiable for service providers to make enquiries about an individual’s sex, and how to manage those situations while maintaining compliance with Article 8 of the European Convention on Human Rights (respect for private and family life).
  • Clarifies when participation in competitive sporting events can be lawfully restricted by sex to ensure fairness and safety, and what organisers should consider where trans people would be affected..

The position in Northern Ireland

The position in Northern Ireland is complicated by the Northern Ireland Protocol and Article 2 (the “dedicated mechanism”), which is intended to ensure there is no diminution of rights including in relation to discrimination matters. We recently wrote about another Supreme Court case (Re Dillon) and how that found that Northern Ireland may have to interpret laws in a way that keeps pace with EU law.

In December 2025, the Equality Commission for Northern Ireland lodged an application to the High Court seeking a declaration on the application of For Women Scotland in Northern Ireland. That case has yet to be heard and we will keep members updated.