From 31 December 2024, the Home Office Guidance Guidance Workers and Temporary Workers: sponsor a skilled worker prohibits the recoupment of certain fees from sponsored workers. These changes are aligned with a commitment made in the Written Ministerial Statement on 28 November 2024, ensuring that specific costs are not passed on to sponsored workers.

Key Changes

1. Skilled Worker Sponsor Licence Fees:

Sponsors are no longer permitted to pass on the cost of the sponsor licence fee or associated administrative costs, including premium services, to sponsored workers.

2. Certificate of Sponsorship (CoS) Fees:

For CoS assigned on or after December 31, 2024, sponsors cannot pass on these fees to sponsored workers.

3. Amendment for Study Route Switch:

A minor amendment has been made reflecting a change of name for the CoS category where the worker is applying to switch from a study route.

4. Defined CoS Assignment:

It is now clarified that a Defined CoS must be assigned to a worker within 90 days from the date it was allocated to the sponsor, instead of the previously stated 3 months.

Consequences for Sponsors:

If a sponsor is found to have recouped or attempted to recoup these costs from sponsored workers, their sponsor licence will usually be revoked.

Commentary:

This now answers the question if these costs can be passed on to candidates. Indeed we understand that on occasion candidates offer to pay these costs in exchange for employment. Moving forward, this practice is no longer permissible. Businesses with any contractual recoupment clauses for these fees must ensure that these clauses are removed so as to comply with the new Guidance.

The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2024 came into effect on 12 December 2024, making amendments to The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020.

The key amendments include:

1. Employment Judge Sitting Alone

An Employment Judge may now sit alone in certain circumstances. Whilst the specific conditions for this are not detailed in the Regulations, they may be outlined in a subsequent Practice Direction. Currently Employment Judges in Northern Ireland can sit alone in unlawful deduction from wages claims.

Since 2012, Employment Judges in Great Britain have been allowed to sit alone in unfair dismissal cases. We anticipate that we may follow this approach. In July 2024, the Senior President of the Tribunals in GB issued a Practice Direction which now permits Employment Judges to sit alone in all cases in GB.

2. Multiple Claimants on a Single Claim Form

In certain circumstances the amendments allow two or more Claimants to make their claim on a single Claim Form. This change is intended to streamline the process for cases involving multiple parties.

3. Default Judgments and Recording of Judgments

The Regulations provide for the issuance of default judgments and exempt the recording of judgments on the register when a claim is withdrawn.

4. Reasonable Notice of Hearings

The amendments require reasonable notice of Hearings, which can be less than 14 days if all parties consent. This flexibility is designed to expedite the scheduling of Hearings.

Commentary

As the Employment Tribunal in NI continues to modernise it will be interesting to see whether we adopt the GB practice of allowing Employment Judges to sit alone in all cases.

In our experience lay members play a critical role in Employment Tribunal Hearings by bringing realism and industrial knowledge to the decision-making process. In panels of three, lay members have equal voting power and can out-vote the Employment Judge, although this is rare. Indeed, there was an extensive recruitment campaign for lay members which was completed earlier in 2024 so it will be interesting to see how the extent of their role develops.

EHRC GUIDANCE: NEW SEXUAL HARASSMENT LAW AND WORKPLACE CHRISTMAS PARTIES: WHAT EMPLOYERS NEED TO KNOW

On 11 December 2024, the Equality and Human Rights Commission (EHRC) published guidance aimed at assisting organisations in complying with the new positive duty on employers to prevent sexual harassment at Christmas parties. Although the guidance states it is specific to Christmas parties, it can be applied to any work-related event.

Background

In Great Britain, a positive duty to prevent sexual harassment came into force on 26 October 2024. To accompany this new duty, the EHRC updated its technical guidance on Sexual harassment and harassment at work: technical guidance and released an Employer 8-step guide: Preventing sexual harassment at work

This New sexual harassment law and workplace Christmas parties: What employers need to know is intended to supplement those Guides.

EHRC’s Top 3 Steps for Preventing Sexual Harassment During Work Parties

The EHRC has outlined three essential steps that organisations should take to prevent sexual harassment and ensure a safe environment for all employees.

1. Think Ahead to Prevent Problems and Risks

• Alcohol: Recognize that alcohol can lower inhibitions and lead to inappropriate behaviour. Consider setting limits on alcohol consumption at events.
• Overnight Stays and Travel: Ensure that accommodation arrangements are safe and appropriate. Communicate that the same standards of behaviour apply at all times, not just during the event itself.
• Power Imbalances: Be mindful of the dynamics between senior staff and junior colleagues, and consider the gender composition of the workforce. Address potential issues proactively.

2. Set Expectations Early and Remind of Company Policies

• Define Sexual Harassment: Ensure employees understand what constitutes sexual harassment in the workplace.
• Reporting Procedures: Remind staff about the procedures for reporting and witnessing sexual harassment.
• Behaviour Standards: Reinforce the standard of behaviour expected at both company-arranged events and informal social gatherings.

3. Consider the Risk of Third-Party Harassment

• Risk Assessment: Complete a risk assessment during the planning stages of the event to identify potential hazards.
• Safer Locations and Activities: Use the risk assessment to choose safer locations and activities that minimize the risk of harassment.
• Communication: Clearly communicate your organization’s expected standards of behaviour to staff and any relevant third parties involved in the event.

Conclusion

Whilst the new duty to prevent sexual harassment does not extend to Northern Ireland the EHRC’s guidance is very helpful as it provides a proactive approach to preventing sexual harassment at work-related gatherings. By thinking ahead, setting clear expectations, and considering the risk of third-party harassment, organisations can create a safer and more inclusive environment for their employees.

Implementing these steps would not only help to comply with the new legal duty In Great Britain it would also foster a respectful and supportive workplace culture.

Taking these steps would also assist any Organisation in establishing that they have taken all reasonable steps to prevent sexual harassment and defend any sexual harassment claim in Northern Ireland.

EQUALITY AT WORK: GB CALL FOR EVIDENCE ON STATUTORY PATERNITY & SHARED PARENTAL LEAVE

2024 was a significant year for employment law, with a strong focus on reform of rights in the workplace. One of the areas currently under review in Great Britain is statutory paternity and shared parental leave.

Background and Context

On 6 December 2024, the GB Women & Equalities Commission launched a call for evidence to inform their work ahead of the GB Government’s proposed review of the parental leave system.

This move comes in response to the recognition that the current system does not adequately support working parents. The GB draft Employment Rights Bill published in October 2024 includes measures to enhance family-friendly rights at work, but states that a comprehensive review is necessary to create a more effective and equitable system.

Northern Ireland (NI) is currently working on implementing an effective Early Learning and Childcare Strategy, which is considered a critical driver of gender equality. Recent reforms to parental leave proposed in the NI Good Jobs Consultation  only tweak at the existing regime, addressing some of its current inefficiencies. These changes would more or less align NI to the current position in GB.

In Great Britain the review is much more far reaching.

The Call for Evidence

The Call for Evidence is the first stage of this review. The Committee has highlighted that the unequal division of childcare responsibilities is a key driver of wider gender inequality and the gender pay gap. The goal is to identify the most effective ways to encourage equal sharing of childcare and domestic responsibilities between mothers and their partners.

Employers are encouraged to share their experiences and views, especially on how inequalities in the uptake of shared parental leave by ethnicity, income, qualification level, and occupational status can be addressed.

Questions

The Committee is seeking written submissions on the following points:

1. What have been the longer-term equality impacts of the scheme, for example on equal sharing of responsibilities for children as they grow up, and wider domestic responsibilities?
2. What have been the labour market impacts of the scheme, particularly for women?
3. Why has take up of statutory shared parental leave been low and what could be done to increase take up?
4. How can inequalities in take up of shared parental leave, including by ethnicity, income, qualification level and occupational status, be addressed?
5. Are there potentially more effective alternatives to the current “maternal transfer” model of shared parental leave?
6. Which countries have most effectively incentivised equal parenting and wider gender equality through their approaches to parental leave? What would be the costs and benefits of replicating?

Timeline for Submissions

Employers and other stakeholders are invited to submit their written evidence by Friday, 31 January 2025. These insights and experiences will then help role shape what is hoped to be a more equitable parental leave system.

On 26 November 2024, the Northern Ireland Statistics & Research Agency (NISRA) published the Women in Northern Ireland 2023 Report . This report delves into the characteristics of women in the Northern Ireland labour market and highlights some critical insights for employers.

Key Findings

A consistent feature of the report is the higher economic inactivity rates for females. Whilst women make up half of the working-age population (those persons aged between 16-64 years old), significant disparities exist when comparing economic participation between genders.

Comparisons Between Females and Males

1. Economic Inactivity:

Three in ten working-age women are not working compared to one in five working-age men.

2. Reasons for Economic Inactivity:

The main reason for economic inactivity among women is long-term sickness. Thereafter for women, looking after the family is the second most common reason for economic inactivity. In contrast, ‘looking after the family’ is the least common reason given by men.

3. Employment Patterns:

Women are less likely to be self-employed and more likely to work part-time. Approximately 60% of employed women with dependent children work full-time, compared to 96% of employed men with dependent children.

The age of the youngest child in the household increases the likelihood of women working part-time. Women with dependent children are more likely to work full-time when the youngest dependent child is at secondary school.

Women with dependent children (of any age) are more likely to work part-time than those without children, while the opposite is true for men.

4. Employment Rates and Earnings:

Over the past ten years, the female employment rate has been lower than that of males. Women earned 7.8% less than men in Northern Ireland, meaning for every £1 earned by men, women earned 92p.

Commentary

These findings are not surprising, but they emphasize the ongoing challenges women face in the workforce. Particularly striking is the disparity in reasons for economic inactivity and the continued prevalence of part-time work among women, especially those with dependent children.

To see more women in leadership positions, employers need to address these challenges head-on. With the implementation of Gender Pay Gap reporting now is a good time for each Organisation to consider the data in their workforces and identify steps they can take to support female employees and address these disparities.

Audio recording of meetings – are you complying with Data Protection obligations?

Whilst most employers continue to make handwritten notes of meetings including investigations, disciplinary, and grievance meetings, with advances in technology and the increasing use of AI some employers are now considering alternative methods of notetaking. Some AI tools automatically transcribe the content of a meeting, alternatively parties may use more traditional audio recording and manually transcribe the content following the meeting.

Technology isn’t always without its glitches and from a practical perspective we would encourage any organisation considering moving to this type of recording to test any system rigorously before moving entirely away from handwritten notes.

The purpose of this article however is to consider the data protection implications of such recordings.

 Be aware of your data protection obligations

Recordings will contain the personal data of the participants and also contain the personal data of anyone who is discussed during the meeting. It is highly likely that in any such meeting Special Category data (which attracts a higher level of protection) will be recorded, for example, information about health, trade union membership, religious beliefs, race, sexual orientation etc.

Compared to making a handwritten note, any form of audio recording is more intrusive as it not only captures what each individual said but also their voice. If a video recording is made, for example of a meeting conducted via Teams, this is more intrusive again.

 Carry out a Data Privacy Impact Assessment

In light of this we strongly recommended that a Data Privacy Impact Assessment (DPIA) is carried out before an organisation take steps carries out any form of audio recording.

A DPIA is a process designed to help you systematically analyse, identify and minimise the data protection risks of a project or plan. It is a key part of your accountability obligations under the UK GDPR, and when done properly helps you assess and demonstrate how you comply with all of your data protection obligations. Conducting a DPIA is a legal requirement for any type of processing that is likely to result in a high risk to the rights and freedoms of individuals. The ICO website contains a template that you can use or adapt: https://ico.org.uk/media2/migrated/2553993/dpia-template.docx

 Identify your lawful basis for processing 

As part of the DPIA the organisation will need to identify its lawful basis for processing, and then document the lawful basis, before any processing (including recording) can begin. As members will be aware, due to the imbalance of power in the employer/ employee relationship consent cannot be used as a lawful basis for processing. Therefore you will need to consider whether you can bring it under “necessary for the performance of the contract” or the more flexible “legitimate interests” however this requires a Legitimate Interests Assessment and can also be open to challenge.

 Update your privacy information

Where audio recording is being used, it will also be necessary to issue all parties to a recorded meeting with an updated privacy notice. This updated privacy notice should detail information including:

• the lawful basis for processing;
• how the recording will be used;
• who it will be shared with;
• where it will be stored; and
• for how long etc

It must be provided to all parties in advance of the meeting. This could be achieved through a statement in the Disciplinary Policy and Procedure / Grievance Procedure itself provided the parties are made aware and are able to access to it. Alternatively, you may need to consider issuing a Just in Time Privacy Notice on each occasion.

You also need to define how long your organisation will keep the recording. We are aware that some employers transcribe the recording, share a copy of the typewritten notes with the employee, then erase the recording once the typewritten notes are agreed. You should however consider how you will deal with any disputes about the transcript as any party to the meeting could request a copy of the recording.

Deletion of the recording also may not be straightforward as it must be retained if it is relevant to any potential legal proceedings.

 Consider how you will deal with requests for the recording

Any individual who attends a recorded meeting may issue a Data Subject Access Request (DSAR) and as part of this request a copy of the audio recording. Such a request could be issued by the employee who is the “subject” of the meeting, it may be their companion/Trade Union representative, or anyone else in attendance.

There is an exemption in the Data Protection Act 2018 that states you do not have to comply with a DSAR if doing so would mean disclosing the personal data of a third party except where:

• the other party has consented to the disclosure; or
• it is reasonable to reply to the request without that individual’s consent

As all of the attendees at the meeting heard what was discussed, it is highly unlikely you could refuse to share the recording on the basis consent is required (or has been denied) by others who attended the meeting. If people who were not present at the meeting are discussed, this opens up a different line of consideration.

If you are sharing an audio recording then it should be subject to strict controls, some of which would likely include: that it is not to be published (for example, online); and an agreement about who it can be shared with/played to however this may be difficult to enforce in practice.

Overall, whilst the move to digital forms of recording brings a number of benefits, there are certainly a number of legal implications to consider.

In June 2024, we contacted the NI Department of Communities (DfC), which is responsible for introducing the NI Gender Pay Gap Regulations, asking about the expected timeline for the implementation of Gender Pay Gap Regulations. Their response was a vague “in due course.”

Then on 25 November 2024, DfC quietly launched the Consultation on The Gender Pay Gap Information Regulations  to plan how these Regulations will be implemented in NI.

Background

Most people are aware that the Gender Pay Gap regulations require the reporting of differences in pay between male and female employees. These regulations have been in place in Great Britain for seven years and initially it had been envisaged that similar measures would be introduced in NI in and around the same time. Due to a delay with the transfer of functions between NI Departments (in part caused by delays with covid and Stormont being dissolved) the regulations were not implemented and were placed on hold.

The purposes of these regulations in the main are to:

1. Identify gender pay gaps.
2. Analyse the drivers behind these gaps.
3. Explore how employers’ policies and practices may have contributed to these gaps.
4. Encourage employers to take remedial action.

The consultation does note that the Gender Pay Gap in NI is lower than in the rest of the UK. This is largely due to a higher proportion of public sector jobs, where the pay difference is 6.2%. However, in the private and voluntary sectors in NI, the difference is more significant, with females earning 14.8% less than males.

Proposals

The NI Regulations are intended to go further than the original GB Regulations by requiring employers to publish information on workers related to ethnicity and disability. Although there is no legal obligation to record ethnicity or disability, the NI Regulations propose that, when this information is available or the employer is notified, it should be recorded and reported.

The Consultation seeks response on a proposed snap shot date of 5 April each year. The snap shot date is the specific date that businesses base their gender pay gap calculations on payroll data.

The regulations are proposed to apply to employers with 250 or more employees, the same as currently in place in GB. As of June 2024, it is estimated that this would apply to 345 employers in Northern Ireland.

Consultation Details

The consultation is short with only 16 questions seeking views on how the regulations will be implemented, not on whether they will be implemented which is a given. For example, one of the questions asks if the Office of National Statistics (ONS) definition of calculating “pay” should be used.

Timeline

The estimated timeline for implementing these regulations is approximately 18 months for the policy proposals, with laws likely to be passed in early 2027. Therefore, actual reporting would typically begin a year later, in 2028 and data gathered over the previous year.

Consultation Period

The consultation will run from 25 November 2024 until 14 February 2025.

This year, 2024 has been a significant year for employment law, and these regulations will be discussed at the Employers Federation End of Year Gathering on 19 December 2024. If you wish to book on that event please email at john@eefni.org

We very much encourage Members to feed in their views and opinions which will help shape our responses particularly from those with experience of completing gender pay gap reports in other jurisdictions. Any responses are welcome and should be sent to michelle@eefni.org

The Labour Government’s Autumn’s Budget Autumn’s Budget  has met with mixed responses.  Tax is not one of the areas that is devolved to the Northern Ireland Assembly and The Executive so the increases in taxation will apply here.

[Note however Northern Ireland does have responsibility for local taxes (domestic and business rates). In March 2015 Parliament passed the Corporation Tax (Northern Ireland) Act 2015 which, subject to commencement regulations, will devolve corporation tax rate setting powers to the Northern Ireland Assembly. The Government has committed to commencing the regime if the NI Executive demonstrates its finances are on a sustainable footing.]

THE TAX RISES IN THE BUDGET THAT WILL AFFECT BUSINESSES INCLUDE:

Employers National Insurance Contributions (NIC)
This is a rise of 1.2% rise from 13.8% to 15% to only the Employers element of National Insurance Contributions. The threshold at which payments start will also fall to £5,000 from £9,100 meaning that businesses will have to start paying NIC on a larger portion of their employees’ salaries.

To soften the impact on small businesses, in April 2025 Employment Allowance will increase to £10,500 (from £5,000), providing some protection to the smallest businesses.

Income Tax

The Budget confirmed that Income Tax and National Insurance Contributions thresholds will continue to be frozen and only unfrozen from 2028-29 onwards.

National Living Wage
Prior to the Budget the Government confirmed that from April 2025 the National Living Wage for those aged 21 and over would increase to £12.21, representing a 6.7% increase of 77p.

National Minimum Wage

In addition the Government also confirmed that they would fully accept the Low Pay Commission’s (LPC) recommendations on the rates of the National Minimum Wage (NMW), including the National Living Wage (NLW). For the first time, the Government asked the LPC to take into account the cost of living, including expected trends in inflation up to March 2026, when recommending the NLW. The LPC expects its recommended rate to represent a real-terms increase across the whole of the period to March 2026, using any major inflation measure, thereby protecting low-paid workers’ living standards.

• 18-20 years old from £8.60 to £10.00 (increase of 16.3%)
• 16-17 years old from £6.40 to £7.55 (an increase of 18.0%)
• Apprentice rate from £6.40 to £7.55 (increase of 18.0%)

Corporation Tax

This will be capped at 25% for next 5 years and small business tax multiplier froze.

Capital Gains Tax (CGT)
Effective immediately, CGT charged on profit made from the sale of assets, will increase with the lower rate rising from 10% to 18%, and the higher rate from 20% to 24%.

Fuel Duty
Fuel duty will be froze for another year with the temporary 5p cut extended to 22 March 2026.

Company Car Tax Incentives for electric vehicles.

Impact
The investment projects in England proposed to boost the economy do not apply here. Instead Northern Ireland receives additional funding via the Barnett formula and NI Executive then decides on how to spend that money.

This additional funding amounts to £1.5 billion in 2025-26:

• £1.2bn for day-to-day spending and;
• £270m for capital expenditure i.e. infrastructure investment.

Statistics for March 2024 show that the majority (89% or 71,425) of businesses in Northern Ireland are micro-sized businesses (less than 10 employees). These tax measures will affect all businesses especially with the higher minimum wage and changes afoot on employment rights.

See Press Release: A Budget to fix the foundations and deliver change for Northern Ireland

THE LANDMARK THE BILL EMPLOYMENT RIGHTS BILL IN GREAT BRITAIN

On 10 October 2024, the Labour Government unveiled its once-in-a-generation Employment Rights Bill (the Bill), in what has also been referred to as a significant milestone in the evolution of workers’ rights in Great Britain. The Bill runs to 157 pages and is accompanied by over 100 pages of Explanatory Notes. In addition to the Bill, the Government also published a document Next Steps to Make Work Pay  that summarises the reforms in the Bill and also other changes it is looking to implement in the future.

With 28 individual employment reforms, this substantial Bill will dramatically transform employer’s obligations and the workplace landscape. These changes will apply across the board and include changes on matters such as unfair dismissal, sick pay, changing terms, unpredictable hours contracts, flexible working, equality at work, trade union rights, family leave, and redundancy.

This Article considers the key proposals and compares the position in GB to what is being proposed in Northern Ireland.

 CONSULTATIONS

Whilst most of the Consultations (and there will be quite a few) flowing from the Bill, will commence in 2025, four Consultations were commenced on 21 October 2024. Those Consultations periods will last for 6 weeks until 2 or 4 December 2024.

These are Consultations on:

1. Strengthening Statutory Sick Pay
2. Application of Zero Hour Contracts (ZHC) measures to Agency Workers
3. Creating a Modern Framework for Industrial Relations
4. Strengthening remedies against abuse of rules on collective redundancy and fire and rehire 

FACTSHEETS

Given the scope and breadth of the changes the Government also published
10 Factsheets summarising  the key changes and areas for consultation. The Factsheets cover:

1. Employment Rights Bill Overview
2. Unfair Dismissal
3. Fire and Rehire
4. Statutory Sick Pay
5. Trade Unions
6. Bereavement, Paternity and Unpaid Parental Leave
7. Zero hours contract
8. Fair Work Agency
9. Adult Social Care Negotiating Body

10. School Support Staff Negotiating Body

SUMMARY OF THE KEY CHANGES

 Day 1 Right to Claim Unfair Dismissal:

At present in GB, employees need 2 year’s continuity of service to bring a claim for unfair dismissal. In Northern Ireland only 1 year’s continuous service is required. The Bill will introduce a Day 1 right to claim unfair dismissal in GB.

In a concession to the business community who raised concerns that Day 1 Rights will discourage employers from taking a chance on new employees, the Government has included a new statutory probationary period. The suggested period is 9-months which is subject to Consultation. The Consultation process will also flesh out how this new right will operate, what type of ‘lighter touch’ process will apply during the probationary period and what compensation will be available to employees.

Statutory Sick Pay (SSP):

In GB, the Government will remove both the 3-day waiting period and the lower earning threshold (of £123) before being entitled to SSP. This will mean that more workers, including those with lower incomes, will be able to SSP from the first day of the sickness.

On 21 October 2024, the Department of Work and Pensions (DWP) in GB launched a Consultation to consider what the percentage rate for those earning below the current flat rate of Statutory Sick Pay should be.

SSP is a devolved matter in Northern Ireland. This means that any decisions on changes to SSP in Northern Ireland (including whether to continue to align with the changes proposed in GB) are a matter for the Executive and NI Assembly.

Having said that historically Northern Ireland has maintained parity with the rest of the UK. On 30 October 2024, the Northern Ireland Department for Communities (who has responsibility for SSP) published a link  to the DWP’s Consultation on its webpage and is actively encouraging Northern Ireland stakeholders to respond. This is perhaps a signal that similar changes to SSP will be made here.

To prepare for potential changes members could work with their payroll provider to calculate the possible extra cost and check that it will be able to adjust its systems as appropriate when the measures are implemented in GB and potentially NI. In addition, since the changes could potentially increase short-term absence in companies with no or limited company sick pay, you may want to review attendance management procedures, including triggers, and refresh manager training for handling frequent short-term absence.

Ending ‘Exploitative’ Zero-Hours Contracts

 The Bill seeks to end the one-sided flexibility of certain ‘exploitative’ zero-hours contracts by providing that employers must make a Guaranteed Hours Offer to zero-hours workers and those with a ‘low’ number of guaranteed hours at the end of a specified reference period. This offer may need to be repeated at the end of each subsequent reference period.

The ‘Next Steps to Make Work Pay’ document indicates that the reference period, which is not currently defined, will be 12 weeks, and the definition of ‘low’ guaranteed hours is left for Regulations and will be subject to consultation.  The offer of guaranteed hours, which may be a contract variation or a new contract, must reflect the number of hours that the individual regularly worked over the reference period and cannot be for a limited term contract, unless reasonable.  The Bill allows for Regulations to go further and provide that the guaranteed hours offer must also reflect the pattern, days and times of day worked in the reference period. The worker will be able to agree, ignore or refuse the offer, but the offer must be made regardless.

As stated above the Consultation has been launched that considers whether to extend these measures to agency workers.

It is intended that where the employment is genuinely temporary, employers will not have to offer permanent contracts, and that workers on other types of contract who occasionally pick up overtime will not be affected.

The Bill contains lengthy and complicated provisions aimed at ensuring that workers get reasonable notice of the scheduling of a shift, as well as of changes and cancellations to shifts, with proportionate compensation for any shifts which are cancelled or curtailed at short notice. These provisions apply to zero-hours workers and those on minimum hours and those who do not have a set working pattern. There will be a presumption that notice is not reasonable, unless it is given a ‘specified time’ before the shift is due to start. Regulations will define the ‘specified time’. It also remains to be seen what type of reasons would be sufficient to counter the presumption that notice is not reasonable, where notice is shorter than the specified time.

To prepare for this change, it is worth reviewing your processes around scheduling rosters and shifts.

Proposals to ending exploitative Zero Hour Worker Contracts in Northern Ireland are also being considered with options being proposed are moving to a Banded Hour Contract, similar to that in operation in Republic of Ireland or moving to measures similar to GB.

 Making Flexible Working the Default from Day One

 The Bill amends the current GB provisions in place that extended the right to request flexible working in April 2024. The proposals in the Bill further extend that right by shifting the emphasis to a default right unless there are reasonable grounds for refusing it.

The eight statutory grounds for refusing a request will remain as will the compensation regime which is limited to 8 weeks pay.  However, this reasonableness requirement is a higher threshold than under the current GB laws. In addition, employers will be required to explain, in writing to the employee, why their refusal is reasonable.

In Northern Ireland proposals to extend the right to flexible working are also being considered. However, as they stand these proposals are simply to level Northern Ireland up to the position in Great Britain following the changes that were implemented in April 2024. This includes making the right a Day 1 right, permitting two requests (and not one) in any 12 month period and no longer requiring the employee to explain what effect their request will have on the employer.

Positive Duty to Prevent Sexual Harassment

 On 26 October 2024, a new positive duty was placed on employers in GB to take reasonable steps to prevent sexual harassment at work. The Bill will extend this duty so that employers will have to take all reasonable steps to prevent sexual harassment of their workers in the course of employment.  See our previous article here

Currently there is ambiguity around the ability to bring a third-party harassment claim i.e. a claim brought by an employee alleging that they have been sexually harassed by a third party such as a client or customer who is not an employee of the Company. Although the Equality and Human Rights Commission takes the view that the sexual harassment preventative duty already covers third party harassment, this can only be enforced by the EHRC.

The Bill would give workers the right to claim compensation for third party harassment – without the requirement (that is currently the position in Northern Ireland) for the employer to be aware of two previous occasions of harassment. In addition, the Bill will extend what is a protected disclosures under whistleblowing legislation to include a disclosure that sexual harassment has occurred, is occurring or is likely to occur.

This is one area in which the law in Northern Ireland and GB differs significantly.

In Northern Ireland an employer is currently liable for third party sexual harassment if it knew that an employee has been harassed on grounds of sex in the course of their employment on at least two other occasions by a third party, and not taken reasonable steps to prevent it from happening for a third time to the employee.

In Northern Ireland there are no similar proposals to introduce such a positive duty – however employers should take heed of the guidance as it may influence the NI Tribunals when assessing what constitutes reasonable steps to successfully defend against a discrimination case. In NI discrimination laws are the responsibility of the Executive Office, not the Department of Economy, and therefore this is an area that was not included in the Good Jobs Consultation.

Ending Fire & Rehire Practices

Much to the surprise of the business community, the Bill goes much further than anticipated. It effectively makes the use of dismissal and and re-engagement only possible if necessary for business viability where no genuine alternative exists.

The Bill will make it automatically unfair to dismiss an employee in order to vary their contract where the employee does not agree the variation, or to employ another person on varied terms to carry out substantially the same duties as the employee before the dismissal. The Government is of the view that current Statutory Code of Practice on Dismissal and Re-engagement, which came into force on 18 July 2024, does not go far enough.

The Bill sets out factors that a tribunal must consider when determining whether a dismissal is fair, including if there was any consultation with the employee and/or any consultation with a recognised union or other representative body. The Tribunal can also take into account if anything was offered to the employees in return for them agreeing to the variation.

This is an area that the Northern Ireland ‘Good Jobs Bill’ Consultation is also considering and it has been anticipated Northern Ireland would implement a Statutory Code of Practice on Dismissal and Re-engagement,. Time will tell whether the direction in GB paths the way for similar proposals here.

Strengthening provisions on Collective Redundancy Consultation

 Statutory Collective Redundancy Consultation is currently triggered where an employer proposes 20 or more ‘redundancies’ (which includes dismissals and re-engagements to change terms) in a rolling 90-day period at one establishment.

The Bill removes the wording ‘at one establishment’, so employers with more than one site (but where the employer is the same legal entity) will have to count proposed redundancies across all sites in a 90 day period when assessing whether statutory collective consultation is triggered.

In Northern Ireland there are no similar proposals in the Good Jobs Bill. However, in our response to the Department of the Economy we made submissions asking for the current 90 day consultation period (that is required in NI when proposing to make redundancies of 100 or more) to be reduced to 45 days in line with Great Britain.

Changes to Family and Other Leave

 The Bill introduces various enhancements to family and other leave including Day 1 rights to unpaid parental leave and paternity leave. The Bill also extends the entitlement to unpaid Bereavement Leave when anyone dies to whom they have a specified relationship. What constitutes a special relationship will be a matter for consultation.

The restriction on taking paternity leave following a period of shared parental leave will also be removed.

In its Next Steps Document, the GB Government has stated that it plans an overhaul and review of the whole parental leave system so we can expect more changes here.

In Northern Ireland, the ‘Good Jobs Bill’ Consultation proposes to introduce new rights reflecting those that were introduced in GB in 2024. In the main (with some small differences) the proposals will reflect those rights currently in place in GB before the changes provided for in this Bill.

Northern Ireland will therefore align to GB (before these further changes provided for in the Bill) on areas of:

1. Flexible Working
2. Carers Leave
3. Neonatal Care Leave & Pay
4. Extension to protection from Redundancy
5. Paternity Leave

Equality Action Plans

 The Bill requires large employers to publish action plans to address Gender Pay Gaps and support staff going through the menopause. Regulations may prescribe the content of such plans, how frequently they should be published and the requirement for senior leadership approval. The Bill also introduces a new requirement for employers to identify the providers/employers of contract workers when publishing their gender pay reports.

In Northern Ireland, the Department for the Communities (who has responsibility for this area) has informed us that the legislation is in place that when enacted will require employers to publish information relating to the pay of employees for the purpose of showing whether there are differences in the pay of male and female employees, i.e. the Gender Pay Gap.  The way forward on how this legislation is to be enacted is currently being considered and will be announced in due course.

When enacted the Northern Ireland provisions will require reporting on disability and ethnicity of workers within each pay band. Precisely what statistics must be calculated and within which “pay bands” is still unknown at this point and remains to be clarified by the eventual Regulations.

Trade Unions and Industrial Action

 Strengthening the trade union movement is one of the key aims of both the GB Government and Department of Economy in Northern Ireland. However, the laws governing trade unions are different in GB and Northern Ireland. This is because Northern Ireland never implemented counterpart laws to the Trade Union Act 2016 in place in GB or sought to impose restrictions on striking which were introduced in GB under the previous Conservative Government.

Many of the GB proposals are around repealing the Trade Union Act 2016 and subsequent laws that were introduced under the previous Conservative Government. Essentially this will bring the position back in GB to the current position in Northern Ireland. Some of the changes in GB include simplifying the ballot and notice requirements for industrial action and the process for TU recognition. Both jurisdictions are also considering permitting electronic ballots.

In both jurisdictions there are proposals to make it easier for trade unions to access the workplace but the detail may differ as Northern Ireland’s proposals are not as well formed as GB’s. The GB Bill requires employers to inform their workers that they have the right to join a trade union and makes it easier for trade unions to access the workplace. There are detailed provisions about negotiating access agreements, which involve the Central Arbitration Committee (CAC), who will also be responsible for dealing with complaints about breaches of access agreements. The equivalent to the CAC in Northern Ireland is the Industrial Court.

The Bill also bolsters rights to time off and access to facilities are strengthened for TU officials and learning representatives, and TU equality representatives who have met specific training conditions.

We do recommend that you review your industrial relations strategy, and move towards a proactive approach; for example, consider the introduction of works councils, employee forums etc. to improve workforce engagement and give staff a collective voice. You may also want to support your managers on working more successfully with trade unions, for example training them on negotiation skills and managing conflict.

New Single Enforcement Body, the Fair Work Agency

The Bill provides for a new single enforcement body, the Fair Work Agency, to strengthen enforcement of workplace rights. This will bring together existing enforcement functions, including with regard to the minimum wage, statutory sick pay, the employment tribunal penalty scheme and labour exploitation and modern slavery, as well as gaining a remit over the enforcement of holiday pay.

There are no similar proposals in Northern Ireland at present.

Looking Ahead

 The Consultations on the GB Bill is ongoing, with critical details and operational mechanisms being scoped out. While some rights will require primary and secondary legislation, others could be implemented more quickly. It is predicted that the new unfair dismissal rights will not come into force until October 2026.

Employment law in Northern Ireland is devolved, with the Department for Economy currently considering responses to the NI Good Jobs / Employment Rights Bill. While there are some similarities to GB proposals, Great Britain is undoubtedly leading the way and will likely influence policy making and direction in Northern Ireland. The rapid changes in the employment landscape highlight the importance of staying informed and prepared for future developments.

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

Currently to be eligible for Statutory Sick Pay an employee must have average weekly earnings at or above the Lower Earnings Limit (currently £123 per week). Those that are eligible are only paid from their fourth day of sickness absence.

In Great Britain, the Government has stated that they will remove the requirement to earn at or above the Lower Earnings Limit before being entitled to SSP. The Government also plans to remove the waiting days meaning everyone will be eligible for SSP from the first day of sickness absence. Furthermore, enforcement and resolution of SSP disputes will be included within a newly established Fair Work Agency. See Factsheet  summarizing the changes.

On 21 October 2024, the Department of Work and Pensions (DWP) in GB launched a Consultation to consider what the percentage rate for those earning below the current flat rate of Statutory Sick Pay should be.

SSP is a devolved matter in Northern Ireland. This means that any decisions on changes to SSP in Northern Ireland (including whether to continue to align with the changes proposed in GB) are a matter for the Executive and NI Assembly.

Having said that historically Northern Ireland has maintained parity with the rest of the UK. On 30 October 2024, the Northern Ireland Department for Communities (who has responsibility for SSP) published a link  to the DWP’s Consultation on it’s webpage and is actively encouraging Northern Ireland stakeholders to respond.

This is perhaps a sign that we will maintain that parity approach. We would encourage members to respond and also start planning for a change. We will keep Members updated with any further developments.