The Department for the Economy has published its response to the 'Good Jobs' Employment Rights Bill consultation, including a series of proposals aimed at 'rebalancing' the relationship between employers and employees through strengthened trade union rights and greater workplace dialogue. We consider whether these reforms achieve a balance between giving workers a stronger voice while supporting business stability and economic growth.
On 28 April, the new Minister for the Economy, Dr Caiomhe Archibald, released the Department's summary of responses to the 'Good Jobs' Employment Rights Bill consultation, alongside its official response paper highlighting the proposals it now seeks to have agreed by the Executive and brought into law in Northern Ireland. We summarised the proposals here.
As part of a broader push to modernise employment relations and workplace rights in NI, the proposed legislative and policy reforms include changes aimed at bolstering trade union access and influence, expanding collective bargaining and enhancing protections for workers, particularly during industrial disputes.
Here, we consider the key proposals announced regarding trade union rights in NI, how this might impact NI employers and look at the wider landscape of reforms under Theme C of the consultation; Voice and Recognition.
Enhancing trade union rights and workplace representation
The Department's response seeks to improve workplace relationships, strengthen trade union operations, and enhance democratic structures, asserting their importance for business productivity and long-term success. The proposed reforms focus on boosting employee representation, encouraging union membership, and fostering better cooperation between employers and unions to support economic growth.
Trade union right to request access to workplaces
Currently, trade union officials in NI have limited statutory rights to enter workplaces, such as attending discipline/grievance meetings when requested by an employee.
The proposals aim to address union underrepresentation, especially in NI's micro and small business-dominated economy and will enable unions to request workplace access, including digital access, for recruitment and member engagement. Employers will not be able to unreasonably withhold access, essentially making this more of a right to "require" access, but conditions like reasonable times and health and safety compliance will apply.
Interestingly, and despite consultation, the Department's response does not mention exemptions for micro or small businesses. Detailed provisions on access conditions and grounds for refusal will be crucial when the draft Bill is produced.
Threshold for number of employees before a union can apply for recognition to be reduced from 21 to 10 employees
Currently, a trade union can only seek formal recognition for recognition to negotiate pay, hours and holidays from the Industrial Court if the employer has at least 21 employees. As most businesses in NI are smaller than this, many workers have been excluded from formal union representation, unless the employer agrees.
The Department now proposes reducing this threshold to 10 employees, significantly broadening potential access to union representation.
These reforms require only secondary legislation and could be implemented relatively quickly, potentially increasing the number of businesses where unions apply for recognition. However, the impact will depend on unions having sufficient members, staff, and resources.
Employers might want to consider how they will react to any application or approach from unions. Where an Industrial Court application for recognition is made, there are very short time limits in which to act, so it is advisable to seek immediate, if not pre-emptive, advice before a formal application is made.
Introduction of collective sectoral bargaining
In Northern Ireland, collective sectoral bargaining is currently limited mainly to the public and agricultural sectors. Inspired by the EU Adequate Minimum Wage Directive, which targets 80% collective bargaining coverage, the Department intends to work with stakeholders and the Labour Relations Agency to develop a framework for expanding sectoral agreements into more industries. While no legislation is planned at this stage, it is asserted that policy work could help standardise employment conditions, reduce disputes, and improve living standards, supporting a more stable and productive labour market. It is worth noting that in Great Britain, a form of sectoral bargaining will be introduced in adult social care through 'Fair Pay Agreements' under the Employment Rights Bill.
Electronic balloting
To simplify and modernise the process of calling industrial
action, the Department will introduce primary legislation
allowing e-balloting as an alternative to, or in
addition to, traditional postal ballots, which can be costly and
increase the length of the balloting process.
The majority of responses to the consultation, including from
employers, agreed with this proposal, subject to appropriate
safeguards being put in place.
Notice period for industrial action
Views were sought on whether to reduce the notice period required for employers of ballots on industrial action from 7 days to 5 days, and on the overall fitness of the current notice system.
After considering the consultation responses, the Department has decided to retain the 7-day notice period to balance the needs of businesses with workers' rights to take industrial action, providing some reassurance to employers affected by strike action.
This will be a particular relief to employers who have to organise alternative cover for pupils, patients and others, which is already difficult on 7 days' notice. However, the Department will explore reasonable changes to the administration of the balloting process to reduce bureaucracy for both unions and employers.
Protecting trade union activity
No major changes are being made to protections for trade union representatives, but a Code of Practice will be introduced, following consultation with key stakeholders and the Labour Relations Agency, to set out minimum expected behaviours for how parties should engage with each other.
This Code might include guidance on the conduct of union officials and a possible complaints mechanism, as raised by employers during the consultation.
While it is unclear what penalties, if any, might be imposed for
breaches of the Code, it is intended to cover both employers and
unions, with scope at the consultation stage for employers to seek
inclusion of a complaints process where appropriate.
Protection from dismissal
Currently, employees are protected from dismissal by reason of being on strike, for the first 12 weeks of properly called strike action.
The Department intends to legislate to abolish the 12-week time limit. Although this will make little difference in practice due to the difficult practical and legal position regarding dismissal during strike action.The distinction between official and unofficial industrial action will remain, and workers involved in the latter will continue to have no right to protection from unfair dismissal.
Facilitating productive workplace relationships
To promote stable and effective labour relations, the Department will introduce a Code of Practice on workplace relationships in consultation with key stakeholders and the Labour Relations Agency.
This Code will establish expected behaviours for employers and trade unions, fostering mutual respect and constructive dialogue. Drawing inspiration from jurisdictions such as New Zealand, it aims to pre-empt conflict by setting clear expectations for engagement between parties.
Additional proposals under Theme C: Voice and Representation
Information and consultation definitions and thresholds
The Information and Consultation of Employees Regulations (Northern Ireland) 2005 (ICE Regulations), which can apply on request to employers of more than 50 employees, have attracted little attention to date.
The proposals will, by way of secondary legislation:
- Redefine what constitutes an "undertaking" to ensure satellite offices and small branches of larger firms are included, by replacing this with "establishment"
- Lower the threshold for initiating an ICE agreement from 10% to 2% of employees; and
- Reduce the minimum number of employees required to make such a request from 15 to 10.
The combined effect will be to make requests for an agreement and process for information and consultation much easier.
This may have significant impact for medium sized businesses, because the information to be provided is much wider than in a union recognition agreement. It includes the probable development of the activities and economic situation, the development of employment and whether there is any threat to employment, and decisions likely to lead to changes, such as redundancies or transfers.
In effect, employers who are covered may need to consult on this wider range of proposals, not just pay. Employers should consider if they could be affected by this and review their strategy in advance of these changes coming into law.
TUPE
Disappointingly, the Department has determined that, due to the complexities involved, further engagement on this issue would be important before any decisions regarding legislative changes are made, and as such, does not intend to make any changes to the NI TUPE Regulations at this time.
The Department has acknowledged that further consultation is planned in GB on their TUPE Regulations and will therefore maintain a watching brief on any planned changes, while continuing to engage with stakeholders on this issue.
Whistleblowing: annual duty to report
Currently, workers who uncover wrongdoing can report concerns to "prescribed persons" – external regulatory bodies – but the Department lacks visibility into how disclosures are handled or what patterns exist.
To address this, the Department will require prescribed persons to produce annual reports outlining how they manage whistleblowing cases. Certain office holders, such as MPs or MLAs, who lack regulatory powers, will be exempt.
Going forward
Underlying the Department's proposals is a belief that better workplace relationships and union involvement lead to higher productivity, particularly in small and micro-businesses where conflict can be disproportionately damaging. It is clear from consultation responses, however, that many employers do not agree or are apprehensive about the proposed changes and the Department will need to strike a careful balance in its final Bill.
The finer details have not yet been set out, so there may still be opportunities to influence decisions during any consultations and while the Assembly is considering the draft Bill, in 2026. Employers may want to engage either directly or through relevant membership bodies, to ensure the employer voice is heard.
On the whole, changes will not be made imminently. The Minister has sought Executive endorsement for her proposals, with a draft bill expected by January 2026 and the aim of passing it into law before the Assembly mandate ends in 2027.
While some changes, such as those subject to secondary legislation, may be implemented more quickly, all proposed reforms represent a significant move towards a modernised and more democratic employment framework in Northern Ireland.
The 'Good Jobs' Employment Rights Bill consultation response is available here.
Our NI Employment Law Reform Impact Hub is available here and our Dashboard with a full analysis of all the proposals is available here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
