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The Good Jobs Employment Rights Bill (public consultation)

Posted By:
BeyondHR

25th Jul 2024

The Northern Ireland Assembly has announced the Good Jobs Employment Rights bill consultation. The consultation is Stormont’s response to the evolving workplace needs and the increasing recognition that employee well-being directly influences productivity and business performance.

Purpose of the Good Jobs Employment Rights Bill

Conor Murphy, the Minister for Economy, stated, “My Good Jobs Agenda involves supporting businesses to grow and become more productive, building our skills base, and strengthening employment legislation.”

The consultation aims to gain insights into the opinions of the public, stakeholders, and other parties involved in various employment rights. The aim is to enhance the Employment Law framework within the North, ensuring it’s fit for purpose.

Key objectives of the “Good Jobs” Employment Rights Bill consultation include replacing zero-hour contracts with a more flexible option and protecting worker rights; others include removing unfair barriers for trade unions, specifically in low-paying sectors. Furthermore, the consultation will gather views on a broader range of potential employment law enhancements to boost terms of employment, voice and representation, pay and benefits, and a healthy work-life balance.

Terms of employment summary

The world of work has changed quite dramatically in recent years, progressively blurring the lines between types of employment status, making contractual arrangements more complex and, on occasion, opaque.

“Job insecurity is considered to be particularly prevalent in zero-hour contract roles and various types of agency workers”, stated within theme A terms of employment. Taking this a step further, the Northern Ireland Assembly doubts the genuine nature of employment relationships, particularly within the gig economy.

As part of the consultation, the public is being asked questions about the terms of employment, including, “Would the right to move to a banded hours contract, unless there is a good reason an employer cannot accommodate the move, be an appropriate way to replace a zero-hours contract?”

Terms of employment consultation will be reviewed;

  • Replacing Zero Hours Contracts with contracts that provide flexibility and protect worker’s rights
  • Understanding Employment Status and addressing Bogus Self-Employment
  • Employment Rights: Dismissal and Re-Engagement (Fire and Re-Hire)
  • Employment Rights: Redundancy – Offence of Failure to Notify
  • Employment Rights: Written Statement of Particulars
  • Agency Workers and Recruitment Agencies – Pay Between Assignment Contracts – Swedish Derogation
  • Key Information Document for Agency Workers
  • Employment Agency Inspectorate (EAI) Information Sharing
  • EAI Enforcement Powers: Labour Market Enforcement Undertakings & Labour Market Enforcement Orders

Pay and benefits summary

The department is reviewing potential steps to ensure that tips and gratuities are distributed to employees fairly and transparently. The main aim of this consultation is to ensure employees receive the pay owed to them. Further, transparency is needed so employees can fully understand how their pay and annual leave are determined.

Another element being considered is the introduction of the “right-to-disconnect” law. As technology advances and more people work from home, the government wants to gather opinions on the need to clarify the law, considering the impact on employees and the working environment.

Pay and Benefits, looking at;

  • Fair and Transparent Allocation of Tips, Gratuities and Service Charges
  • Employment Rights: Payslips
  • Working Time Regulations: Holiday Pay Reference Period
  • Working Time Regulations: Record-Keeping Requirements
  • Working Time Regulations: Right to Disconnect

Voice and representation summary

Theme C examines the factors influencing good workplace relationships, trade union operations, and workplace democratic structures. Positive working relationships are vital for productivity and long-term business success. The Labour Relation Agency highlighted that workplace conflicts can cost a business up to £47,500, and with small and micro enterprises dominating Northern Ireland’s economy, this is a significantly high number.

Northern Ireland has the highest unionisation rate, at 33.8%, compared to GB’s 23% and the Republic of Ireland’s 31%. Within NI, there are fewer days lost to strikes than in GB. However, unions need to be more adaptable and modernised. This is why the department is consulting on electronic balloting and a code of conduct for workplace negotiations, looking at protections for employees taking part in Industrial Action.

Voice and representation consultation includes;

  • Workplace Access
  • Collective Bargaining: Recognition
  • Collective Bargaining: Introduction of Collective Sectoral Bargaining
  • Balloting & Notice
  • Electronic Balloting
  • Protections for Representatives
  • Protections for Workers taking part in Industrial Action
  • Facilitating Productive Workplace Relationships
  • Information and Consultation – Definitions
  • Information and Consultation – Thresholds
  • Transfer of Undertakings (Protection of Employment) Regulations – Consultation
  • Public Interest Disclosure (Whistleblowing): Annual Duty to Report

Work-life balance summary

Workplace flexibility supported by family-friendly policies is crucial for this balance and allows more people access to employment. Addressing employment barriers, especially for those with disabilities, parents, and caregivers (especially women), is strategically important. These issues require a coordinated effort across various government departments.

The Minister advocates for policies that promote workforce participation, such as enhanced flexible working rights, leave for carers, and neonatal care leave and pay. These align with broader goals of good jobs, regional equality, and sustainable growth. Introducing a Day 1 right to request flexible working could significantly increase workforce participation, reduce economic inactivity, and boost productivity.

Additional protections for pregnant employees and those returning from maternity, adoption, or shared parental leave are vital for ensuring continuous employment security. This commitment to job security is a testament to our respect for the workforce. Similarly, more flexible paternity leave will help working parents balance their work and personal responsibilities.

Implementing inclusive policies to address economic inactivity and enhance workforce participation improves individual livelihoods and contributes to the economy’s overall health. This alignment with the Minister’s economic vision is a testament to the government’s strategic planning and commitment to the nation’s prosperity.

Work-life balance consulting on

  • Flexible Working
  • Carer’s Leave
  • Neonatal Care Leave and Pay
  • Protection from Redundancy – Pregnancy and Family Leave
  • Paternity Leave

 

Following this consultation, we hope Northern Ireland becomes more aligned with Great Britain and the Republic of Ireland.