The Good Jobs Bill in Northern Ireland represents a significant and comprehensive effort to reform employment rights and standards across Northern Ireland. Launched for public consultation on July 1, 2024, by the Department for the Economy, the bill aims to modernize and strengthen the legal framework governing employment, ensuring that it meets the needs of a contemporary workforce while addressing both employer and employee concerns. This initiative is particularly noteworthy as it seeks to bring Northern Ireland’s employment laws more in line with those in Great Britain.

Overview of the Good Jobs Bill

The Good Jobs Bill is a wide-ranging legislative proposal divided into four main themes: Terms of Employment, Pay and Benefits, Voice and Representation, and Work-Life Balance. Each theme encapsulates several key issues that the bill seeks to address. The consultation process for this bill is extensive, consisting of 190 questions aimed at gathering comprehensive feedback from the public, businesses, trade unions, and other stakeholders.

1. Terms of Employment

One of the core focuses of the bill is on Terms of Employment, which includes proposals to address zero-hour contracts, employment status, and dismissal and re-engagement practices, among others.

• Zero-Hour Contracts: The bill considers the regulation of zero-hour contracts, which have been a contentious issue in employment law. These contracts, while offering flexibility, often leave workers without guaranteed hours or income, creating job insecurity. The Good Jobs Bill seeks to establish fairer terms for such contracts, possibly including a minimum guaranteed number of hours or compensation for shifts canceled at short notice.
• Employment Status and Bogus Self-Employment: Another significant area is the clarification of employment status to combat bogus self-employment. This practice, where employers classify workers as self-employed to avoid providing benefits like holiday pay and sick leave, undermines workers’ rights. The bill proposes more stringent definitions and regulations to ensure that workers receive the rights and protections they are entitled to based on their actual working relationship.
• Dismissal and Re-engagement (“Fire and Rehire”): The bill also targets the controversial practice of dismissal and re-engagement, commonly known as “fire and rehire,” where employees are dismissed and then offered reemployment on less favorable terms. This practice has been criticized for undermining job security and eroding workers’ rights. The Good Jobs Bill proposes to either restrict or regulate this practice to protect employees from unfair treatment.

2. Pay and Benefits

The second theme of the bill focuses on ensuring fair pay and benefits for workers. This includes addressing issues related to tips, payslips, working time, and the right to disconnect.

• Fair Distribution of Tips: The bill proposes new regulations to ensure that tips given by customers are distributed fairly among staff, rather than being absorbed into general business revenues. This measure seeks to protect workers in service sectors, including food manufacturing, where tips can form a significant part of their income.
• Detailed Payslips: Another proposal is the requirement for more detailed payslips, ensuring transparency in how wages are calculated, including deductions and hours worked. This aims to empower workers with clear information about their earnings, helping them to identify any discrepancies or unfair practices.
• Right to Disconnect: Reflecting changes in work patterns, particularly post-pandemic, the bill introduces the concept of a “right to disconnect.” This would allow employees to disengage from work communications outside of their normal working hours without fear of repercussions, promoting a healthier work-life balance.

3. Voice and Representation

This theme addresses workers’ rights to representation and their ability to engage in collective bargaining.

• Workplace Access for Trade Unions: The Good Jobs Bill proposes enhanced access for trade unions to workplaces, allowing them to engage with and support employees more effectively. This is particularly relevant in industries like food manufacturing, where union representation can be crucial in advocating for better working conditions and fair pay.
• Electronic Balloting and Collective Bargaining: The bill also introduces provisions for electronic balloting, making it easier for workers to participate in union activities, including strikes and other forms of collective action. Additionally, the bill seeks to strengthen collective bargaining rights, potentially extending them to cover more sectors and ensuring that workers have a stronger voice in negotiating their terms of employment.
• Protections for Workers’ Representatives: Recognizing the challenges faced by union representatives and those involved in workplace advocacy, the bill includes measures to protect these individuals from unfair treatment or dismissal due to their role in representing workers’ interests.

4. Work-Life Balance

The final theme of the bill addresses issues related to work-life balance, focusing on flexible working, leave entitlements, and protections during family-related absences.

• Flexible Working: The bill proposes to make flexible working a default right for all employees from day one of their employment, rather than requiring them to wait several months before making a request. This is aimed at improving work-life balance, especially for those with caring responsibilities or other commitments outside of work.
• Carer’s Leave and Neonatal Care Leave: New entitlements for carer’s leave and neonatal care leave are also proposed, recognizing the need for workers to take time off to care for dependents or to manage family health crises without fear of losing their jobs or income. These provisions would bring Northern Ireland in line with recent changes in employment law in Great Britain.
• Protection from Redundancy During Pregnancy and Family Leave: The bill seeks to extend protections against redundancy for employees on maternity, paternity, or other family-related leave. This would help prevent discrimination against employees who are absent due to family responsibilities, ensuring they have job security during such critical periods.

Implications for Businesses and Workers

The Good Jobs Bill represents a significant shift in employment law in Northern Ireland, with potential implications for both businesses and workers. For businesses, especially those in sectors like food manufacturing, the bill could lead to increased operational costs due to the need for compliance with new regulations, such as those related to pay transparency, flexible working, and enhanced employee rights. However, it could also result in a more stable and motivated workforce, reducing turnover and increasing productivity.

For workers, the bill promises stronger protections, fairer pay, and better work-life balance. It aims to empower employees with greater rights and security, reducing the prevalence of exploitative practices like zero-hour contracts and bogus self-employment. Moreover, the bill’s emphasis on collective bargaining and union representation could lead to better working conditions and more equitable treatment across various industries.

Public Consultation and Future Developments

The public consultation process for the Good Jobs Bill is a critical step in shaping the final legislation. By engaging with a wide range of stakeholders, including businesses, trade unions, and the general public, the Department for the Economy aims to create a balanced and effective legal framework that meets the needs of all parties involved. The consultation is open until September 30, 2024, and feedback will be used to refine the proposals before they are presented to the Northern Ireland Assembly for approval.

The consultation document is available online, and responses can be submitted electronically or by post. The Department has encouraged all stakeholders to participate, highlighting the importance of diverse perspectives in developing comprehensive employment legislation.

Conclusion

The Good Jobs Bill marks a significant milestone in the evolution of employment law in Northern Ireland. By addressing critical issues such as employment status, pay and benefits, workers’ rights to representation, and work-life balance, the bill aims to create a more equitable and modern workforce. While the implementation of these changes may pose challenges for businesses, the long-term benefits of a more motivated, protected, and productive workforce are likely to outweigh the initial costs. As the consultation process unfolds, it will be crucial for all stakeholders to engage actively to ensure that the final legislation reflects the needs and realities of both employers and employees in Northern Ireland.