HR Skills Masterclass_

Employment Tribunal Claims

Strengthening the trade union voice and representation has been a key objective of the Department for the Economy.

At an employer focussed event the Minister for the Economy, her Special Adviser, and Department officials heard directly from businesses about their concerns. The Minister outlined proposals in the forthcoming Good Jobs Bill relating to trade unions which include:

Key Trade Union Proposals in the Good Jobs Bill

1. Increased Trade Union Rights to Access Workplaces

• Unions will be able to request access to both unionised and non‑unionised workplaces.
• Purpose: to encourage more workers to become members and make recruitment easier.

2. New LRA Code of Practice covering trade union access rights

• Code will be underpinned by good faith and reasonableness.
• Access rights cannot be used to disrupt or protest.

3. Phased Implementation of Access Trade Union Access Rights

• Starting with larger businesses, moving towards smaller ones.
• Department will monitor implementation.

4. Lower Threshold for Statutory Trade Union Recognition

• Reduced from 21 employees to 10.
• Department modelling suggests this will only double the number of cases referred to the Industrial Court to compel recognition (around six per year).

5. New Code of Practice on Facilitating Workplace Relationships

• Supporting respectful engagement between employers and unions, with accompanying guidance.

6. Information & Consultation (ICE Regulations)

• Redefining “undertaking” to include smaller establishments and satellite offices.
• Reducing threshold for requests from 10% to 2% of employees.
• Lowering minimum number of employees required from 15 to 10.

Much of this approach is based on the New Zealand model, where similar rights were introduced 20 years ago. Interestingly, New Zealand is now repealing some of those laws.

The Minister’s Special Adviser Dr Lisa Wilson referred to her recent paper Trade Union Voice as a Lever For Good Jobs – Evidence, Policy, and Practice in Northern Ireland as evidence that collective voice through unions improves job quality, workplace relations, absenteeism rates, and business outcomes. This evidence was robustly challenged by the business community citing absenteeism rates in the heavily unionised public sector as compared to those in the private sector.

What Happens Next in Northern Ireland?

The Good Jobs Bill is currently with the Office for Legislative Counsel for drafting and will be presented to the Assembly early in the new year. Proposals on union voice and representation will face close scrutiny from businesses and the Committee for the Economy.

While the session was tough, the Department acknowledged the importance of listening to employer concerns and committed to ongoing consultation.

Developments in GB: Consultation on Modernising Union Balloting

On 19 November 2025, the GB Government published its consultation document Make Work Pay: Draft Code of Practice on Electronic and Workplace Balloting for Statutory Union Ballots.

The consultation runs until 11:59pm on 28 January 2026.

Currently, almost all statutory ballots must be conducted by post. The new Code proposes modernised voting methods to make participation easier, ensure transparency, and reflect the voices of working people.

What Employers Need to Know

The draft Code sets out:

• Legal requirements for each party involved in a ballot.
• Factors to consider when choosing a voting method.
• Good practice guidance for electronic and workplace ballots.

Proposed Balloting Methods

1. Pure electronic balloting – fully digital distribution, casting, and return of votes.
2. Hybrid electronic balloting – voting materials sent by post, with votes returned either by post or electronically.
3. Workplace balloting – in‑person voting at the workplace or agreed off‑site locations.

All ballots will continue to be overseen by an independent scrutineer. The Secretary of State must be satisfied that ballots meet required standards:

• All entitled members can vote.
• Votes remain secret.
• Risks of unfairness or malpractice are minimised.

Implementation Timeline

• Phase 1 (2026): Electronic and workplace balloting introduced for specific union ballots, overseen by a new Senior Oversight Board.
• Phase 2 (end of 2026): Expansion of pure electronic balloting to recognition and derecognition ballots.
• Phase 3 (2027 onwards): Ongoing review and enhancement of the regime.

Northern Ireland Context

This Code will only apply in England, Wales, and Scotland only. In Northern Ireland, employment law is devolved. However, the learnings from this Consultation may well shape the direction In Northern Ireland as the Department for the Economy will also adopt separate legislation to permit electronic balloting systems here.

Employers Federation Public Courses 2026 1

On 26 November 2025, the Government has published the Minimum wage rates for 2026 of increases to the National Minimum Wage, including the National Living Wage. These will be effective from 6 April 2026. The Government accepted in full the recommendations of the independent Low Pay Commission (LPC).

This marks yet another significant cost increase for employers, already struggling with rising wage bills. Earlier this year, employer NICs rose from 13.8% to 15%, and this has now been coupled with a sharp reduction in the earnings threshold at which NICs become payable — lowered from £9,100 per year to £5,000, a level fixed until April 2028.

On 27 November 2025 the Government confirmed a major change to its reform of employment rights. The plan to introduce a Day 1 right to claim unfair dismissal has been abandoned. Instead, the qualifying period in GB will be reduced from 2 years to 6 months – much to the relief of employers. See An update on the Employment Rights Bill.

This amendment is a significant shift in approach following debate of the Employment Rights Bill in the House of Lords.

Employers will welcome the clarity and change in approach. A new 6 month qualifying period removes the risk of potentially facing immediate unfair dismissal claims from new starters. This change also means employers can continue to manage probationary periods and short‑term contracts. However it is still a significant shift from the current 2 year qualifying period in GB. In Northern Ireland there are no current proposals to reduce the qualifying period from 1 year.

In its Press Release the Government also states ‘To further strengthen these protections, the Government has committed to ensure that the unfair dismissal qualifying period can only be varied by primary legislation and that the compensation cap will be lifted.’ Whether this means that the current cap on unfair dismissal compensation will be lifted remains to be clarified.

Employers will know that employees in both GB and NI will continue to have Day 1 protections against discrimination and discriminatory dismissals and those based on automatically unfair grounds for example for Whistleblowing.

It is possible now in GB that the reduced qualifying period for unfair dismissal rights could be introduced earlier than 2027.

It also keeps the Government’s timetable to introduce other changes to SSP in April 2026 in place.

New Statutory Rates from April 2026

• SMP, Maternity Allowance, SPP, Neonatal Care Pay, Shared Parental Pay, Parental Bereavement Pay, and Adoption Pay will rise to £194.32 per week;
• SSP will increase to £123.25 per week, alongside reforms making SSP a Day a right and removing the lower earnings threshold (changes applying in both GB and NI).

On 16 October 2025 the Economy Minister, Dr Caoimhe Archibald launched a three-year Skills Action Plan to help Northern Ireland develop the skilled workforce needed to support economic growth. The plan outlines how the Department for the Economy will work with businesses, education providers, and communities to improve access to training and ensure people have the skills to succeed in a changing economy.

What the Plan Aims to Do

 The action plan focuses on three main areas:

1. Working together with industry and education partners to develop better ways of delivering skills.
2. Improving the current system by building on successful programmes and institutions.
3. Creating an inclusive and forward-looking skills environment that helps people from all backgrounds reach their potential.

These efforts support the Minister’s broader Economic Vision, which aims to create more good jobs, promote regional balance, raise productivity, and reduce carbon emissions.

Why this matters to Employers

 Although employment levels are high, many businesses are struggling to find workers with the right skills. The Skills Barometer shows there’s a shortage of skilled labour across all sectors. At the same time, new industries and technologies are driving demand for highly skilled workers, and economic inactivity remains a challenge.

To address this, the Department is investing in programmes like Skill Up and Step Up, expanding Apprenticeships, and developing a new Careers Portal. The expansion of Ulster University’s Magee campus to 10,000 students is also expected to boost skills and drive growth in the North-West.

Next Steps: Reform and Collaboration

 The next phase of the plan focuses on reforming how skills are developed and delivered. A sector-based approach will be used to better support the needs of different industries, building on successful models like the Digital Skills and Green Skills Action Plans.

The Skills Council will continue to play a key role in connecting stakeholders and reducing fragmentation in the system. Its sub-groups will be reviewed to ensure they reflect the needs of employers and communities.

The Department will also work with Invest NI to improve how skills provision is communicated and aligned with economic priorities. Efforts will be made to support Irish Medium learners and ensure fair access to qualifications.

Funding and Accountability

 Delivering the plan depends on securing funding. The upcoming Westminster Spending Review and proposed multi-year budget will be critical. The Department will also continue to explore alternative funding sources, such as PeacePlus, the Shared Island Fund, and Investment Zones.

Progress will be tracked through regular reporting, with a formal update due by September 2026. A new evaluation strategy will help measure the impact of skills programmes and ensure they support the goals of the Skills Strategy.

 Looking Ahead

 There is optimism across government and industry about the potential of this Skills Action Plan to deliver meaningful change. However, many of its goals are based on long-term achievements that will take time to realise. Success will depend not only on sustained investment and collaboration, but also on the ability to adapt to changing economic conditions and workforce needs. Employers, educators, and policymakers will need to remain engaged and responsive as the plan unfolds.

The Department for Communities has published its Response To The Public Consultation on Gender Pay Gap Information Regulations. This consultation ran from November 2024 to February 2025 and gathered views on how gender pay gap reporting should work in Northern Ireland.

There were a total of 15 questions and the key areas covered in the consultation. In summary:

• Who must report: All employers across all sectors (public, private, and voluntary sectors) who are above the threshold must report – however disappointingly the Department has yet to decide the threshold. This is likely to be either 250 (in line with UK) or 100 in line with the Pay Transparency Directive
• How to calculate pay gaps: Department has decided that ONS definition of pay and the standard methodology (currently uses gross median hourly earnings excluding overtime when calculating the Gender Pay and it is recognised as the standardised methodology used in UK should be adopted.
• How often to report: Employers will be required to report annually.
• Where and how to publish: Employers will be required to publish the report on their website and the Department will also explore having central location to report as in the UK.
• Action plans: Employers will be required to publish plans to address any pay gaps.
• Ethnicity and Disability: I The Department does not believe ethnicity and disability pay gap reporting can be enforced under current Gender Pay Gap Regulations, as employers are not legally required to collect this data and disclosure is voluntary. For now, reporting on these areas will not be required, but the Department will monitor progress on the UK Equality Bill before making further decisions.
• Responsibility: Consensus is that Equality Commission Northern Ireland’s existing role in equality and fair employment makes it well positioned and should take on this responsibility.
• Compliance: Department is still considering the appropriate sanctions and may focus first on encouraging compliance, with penalties scaled based on the size of the organisation.

The Department received 45 responses (41 of which were viable) and has used this feedback to shape its final policy proposals.

When: The Department aims to introduce the Regulations to give effect to Gender Pay Gap reporting as soon as possible after the Good Jobs Employments Rights Bill receives Royal Assent.

This is not likely to happen until 2027 and therefore the first reports will be in 2028.

Interesting The Department is carefully considering how the EU Pay Transparency Directive may influence future changes. The Pay Transparency Directive requires businesses over 100 workers to report on their Gender Pay Gap information.

Whilst it is still unclear how the Pay Transparency Directive will apply in Northern Ireland. Both the Equality Commission and the Human Rights Commission for Northern Ireland believe that, under the Windsor Framework’s dynamic alignment, most obligations under Pay Transparency Directive should be adopted and implemented.

Summary of Responses to the Questions

Q 1 – Do you agree that the threshold of 250 employees is also appropriate for Northern Ireland? If not, what do you think is an appropriate threshold? 

A threshold of 250 employees is used in England, Scotland, and Wales.

38% of respondents agreed that 250 employees is the right threshold.

Others felt it was too high, noting that only 0.4% of employers in Northern Ireland have more than 250 staff.

However, those larger employers account for over half of all employees in Northern Ireland. Lowering the threshold to 100 employees would include nearly 10% more workers.

The Information Commissioner’s Office supported having a clear threshold to protect employee privacy and ensure compliance with data protection laws.

As stated above the Department is considering the potential impact of the EU Pay Transparency Directive which applies to EU Member States. The EU Pay Transparency Directive to report for companies with 100+ employees but allows smaller employers to report voluntarily.

The Department is still considering the best threshold and will factor in developments from the EU Directive. The final regulations will be introduced after the Good Jobs Employment Rights Bill becomes law.

Q 2. Do you agree with this aspect of the legislation, i.e. the scope should include all sectors?

94% of respondents agreed that all sectors (public, private, and voluntary) should be included. Although Northern Ireland has the lowest gender pay gap in the UK, the Department believes there are still differences that need to be addressed:

The Department agrees that all sectors should be included in the Regulations

Q 3 Do you agree that this methodology should be used?

The UK currently uses gross median hourly pay (excluding overtime) as the standard method. 74% of respondents agreed, saying it would help ensure consistency and allow comparisons across the UK.

The Department agrees that using a standardised method is important to keep reporting clear and consistent with the rest of the UK.

Q 4 Do you agree that we use the Office for National Statistics (ONS) definition of calculating ‘pay’?

81% of respondents agreed, saying it would help keep data consistent across the UK.

The Department agrees that using the ONS definition is the right approach. It ensures consistency and comparability with UK data. The final Regulations will clearly explain what types of pay must be included—and what should be excluded—when calculating gender and bonus pay gaps.

Q 5 Do you agree with the proposal to use mean and median figures?

The Department agreed that the standard method used by ONS to calculate mean and median gender pay gaps should be adopted. 83% of respondents agreed, saying it would help ensure consistency and allow comparisons across the UK.

Employers should expect to use this method when reporting gender pay gaps.

Q6 For employers that will be within the scope of these Regulations, can you currently calculate Gender Pay Gap figures from your systems?

73% said yes.

Q 7 – Do you agree with the proposal to use the specified snapshot date when calculating gender pay information?

The Department asked whether a fixed snapshot date—5 April—should be used to calculate gender pay gap figures. 25 respondents agreed, while 13 disagreed.

Some disagreed due to concerns about Easter holidays affecting pay patterns, or that a single date doesn’t reflect seasonal or part-time work, especially for women.

Many suggested using average earnings over a longer period, such as three months.

A few supported the UK approach, which uses two snapshot dates:

• 31 March for most public sector employers
• 5 April for private, voluntary, and other public sector employers

In Ireland, employers choose a snapshot date in June, and report based on the previous 12 months. The Department now supports using two snapshot dates, in line with the rest of the UK. This will help ensure consistency and allow for direct comparisons between Northern Ireland and other UK regions.

Q 8 – Do you think the Regulations should specify where the employer publishes their Gender Pay Gap information?

Many suggested publishing the data on both the employer’s website and a central Government website. The key message was that the information should be easy to find, transparent, and consistent.

• In the UK, employers publish gender pay gap data on a central Government website.
• In Ireland, employers publish it on their own website or in another accessible way and must keep it available for 3 years.

The Department has decided that employers will be required to publish gender pay gap data on their own website (if they have one). The Department is also exploring the option of a central Government website for annual reporting, similar to the rest of the UK.

Q 9: Do you agree that the publication of Gender Pay Gap information will encourage employers to take action to close the Gender Pay Gap?

78% of respondents agreed it would help drive action. The Department agrees that publishing the data is important but believes employers should also create action plans to help close the gap.

Q 10: Do you agree that employers should publish this information on an annual basis?

The Department confirms that annual reporting will be required in Northern Ireland.

Q 11 – Do you have any comments on providing Gender Pay Gap information relating to a workers (a) ethnicity and / or (b) disability?

Most responses supported the idea in principle. However, several concerns were raised:

• No agreed definitions or standard methods for measuring ethnicity and disability pay gaps
• Employees may be reluctant to disclose this information
• Risk of identifying individuals, especially in small teams
• GDPR and privacy concerns
• Data may be unreliable or incomplete
• Employers would need clear legal guidance to collect and report this data

Currently, UK and Ireland do not require employers to report ethnicity or disability pay gaps. The UK Government is considering introducing this through the upcoming Equality (Race and Disability) Bill, which may apply to employers with over 250 employees.

Department supports the idea but does not believe it can be enforced under current Gender Pay Gap Regulations. Employers are not legally required to collect ethnicity or disability data, and employees can choose not to disclose it. The Department will monitor developments in the UK Equality Bill before making further decisions. This means that ethnicity and disability reporting will not be required initially.

Q 12 – Do you agree that employers should produce and publish action plans?

In the UK, action plans are not currently mandatory, but the Government is considering introducing them.

In Ireland, employers must publish a statement explaining their gender pay gap and what steps they’re taking to reduce it.

The Department has decided that employers will be required to produce and publish action plans. The Department will provide guidance on:

• What to include in the plan
• How often it should be updated
• Where it should be published
• Who it should be shared with

Q 13 – In your opinion, which body / organisation should be responsible for monitoring and enforcing the Gender Pay Gap?

Most respondents said the Equality Commission for Northern Ireland (ECNI) is the right body. In the UK, this role is handled by the Equality and Human Rights Commission (EHRC). In Ireland, enforcement powers are shared between the Irish Human Rights and Equality Commission (IHREC) and the Workplace Relations Commission.

The Department agrees that ECNI should take on this role in Northern Ireland. ECNI already monitors public sector equality duties and fair employment, making it well suited to oversee gender pay gap compliance.

Q 14 If you are an employer, what is your assessment of the costs to your business of conducting gender pay analysis and publishing the information?

As Gender Pay Gap Reporting will be a legal requirement for employers above the set threshold. Businesses must ensure their systems can produce the necessary data.

Q 15. What sanctions, other than an offence, do you believe would be appropriate if an employer fails to comply with these Regulations?

Some felt no fines should be imposed and suggested the Equality Commission for Northern Ireland (ECNI)investigate non-compliance.

Others proposed:

• Fines, especially for larger organisations
• Public naming of non-compliant employers
• Support and guidance to help employers meet requirements
• Formal warnings and mandatory training for initial failures
• Stronger penalties for repeated or serious breaches, such as:
• Restrictions on public contracts or funding
• Possible action against directors

The Department is still considering the appropriate sanctions and may focus first on encouraging compliance, with penalties scaled based on the size of the organisation.

2025 Employment Law & HR Conference 2025: Supporting Employers in a time of Change

Our Annual Employment Law & HR Conference was held on 9 September 2025. This was a sold-out event where we were joined by employers from across all sectors in Northern Ireland.

Our Conference ethos is always to share knowledge and information in a practical an accessible way. Employers come away not only with valuable and relevant learnings, but also with the tools and understanding of how to put these into practice. We covered a wide variety of topics including legislative developments, case law, soft skills and much more.

The Minister for the Economy

We were delighted to be joined by the Minister for the Economy who opened the Conference with a short address on the Good Jobs Bill. The Minister discussed the importance for both employees and employers that good jobs are created in Northern Ireland. Her message was clear, good jobs are central to a thriving economy, and employers have a vital role to play.

We thanked the Minister before she headed off for the first day back in the Assembly following the summer recess.

Policy in Focus: The Good Jobs Bill

Michelle McGinley, Director of Legal & Policy, then guided delegates through the Department for the Economy’s Response to the Good Jobs Public Consultation and what the Department has decided to take forward. Michelle considered each of the four Themes:

• Theme A: Terms of Employment
• Theme B: Pay and Benefits
• Theme C: voice and Representation
• Theme D: Work-Life Balance

Whilst the Department has indicated the proposals it intends to take forward, some of the finer detail around how they will operate is yet to be decided. The proposal to take forward a general right for trade union access sparked lively and important conversations throughout the day.

Tackling Sexual Harassment

Sara Plower, Employment Lawyer, raised critical awareness around sexual harassment in the workplace, offering practical insights into how businesses can prevent incidents and respond effectively. The session was a timely reminder of the importance of proactive policies and a culture of respect.

Case Law review

Kathryn O’Lone, Senior Employment Lawyer, Head of ROI and Business Improvement, delivered two compelling reviews of recent case law. This included the impact of the Supreme Court judgment in For Women Scotland and the Court of Appeal ‘s nuanced decision in Higgs v Farmor, which explored how employers can balance competing views in the workplace.

Negotiation Strategies That Work

Enda Young, founder and CEO of the Centre for Negotiation and Leadership led a highly engaging and thought-provoking session on practical negotiation strategies for employers—a skill increasingly vital in today’s evolving workplace landscape.

Enda is running a course on negotiation at the Employers Federation office on 15 October 2025.

Diversity & Inclusion in Action

Judith Gillespie CBE, Co-Chair of the Diversity Mark Assessment Panel, and Christine White Director Diversity Mark explored the value of inclusive workplaces, highlighting why diversity and inclusion are more important than ever in building resilient, forward-thinking organisations and in retaining talent.

Panel Session

Karen Moore, Senior Lawyer, Head of Training (NI & ROI), hosted and organised the event, and also led a dynamic panel session reflecting on the morning’s discussions and the feedback from our digital polls. Enda Young and Christine White contributed to the panel; they were joined by Michael Neill, HR Manager: Industrial Relations, Musgrave, and Aileen Hoey, HR Director, Terex GB. The panel tackled key questions and offered fresh perspectives on issues including: positive working relationships between employers and trade unions; risk assessing the potential for sexual harassment in the workplace; and DEI.

Good Work Charter Preview

Elaine Clarke, Director of Employment Relations Services Labour Relations Agency,  shared an overview of the proposed Good Work Charter, offering an insight into what’s ahead for employers and employees alike.

Energy, Engagement & a Touch of Golf

The atmosphere throughout the day was full of energy – lots of networking, meaningful engagement, and even a few spot prizes and a touch of golf-themed fun to keep spirits high.

Thank You to Our Exhibitors & all Attendees

A heartfelt thank you to our exhibitors: Autism NI, NOW Group, The Labour Relations Agency, Employers For Childcare, Include Youth, and Quantum HR™—your presence added real value to the day.

And finally, to all the employers who joined us: your continued engagement means the world.

It’s a privilege to support you, and we never take your support for granted.

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