'Should not be rushed through': Business backlash grows over Employment Rights Bill after consultation awareness gap revealed

Northern Ireland’s business community has sounded the alarm over the handling of the proposed Employment Rights Bill, after an FSB (Federation of Small Businesses) survey revealed that almost two thirds of businesses were unaware a major public consultation was even taking place. Business concerns continue to grow over the scale and pace of the proposed legislation. The survey results emerged on the same day that Minister Archibald held her first dedicated meeting with business organisations to discuss the Employment Rights Bill, which is expected to introduce sweeping changes to workplace law in Northern Ireland. At that meeting, she revealed that the Bill would make provision for Trade Unions to seek access to the very smallest businesses. Since then, the Minister has made a further announcement to the effect that micro-businesses will now be exempt from the proposed trade union workplace access provisions, however, business is of the view that the move does not go far enough to address wider concerns.

In a joint statement issued this week, FSB NI, CBI NI, Manufacturing NI, NI Chamber of Commerce, the Institute of Directors NI and the Employers’ Federation Northern Ireland said the exemption recognised “the pressures facing our smallest employers” but we have also warned that significant issues remain unresolved for businesses of all sizes. “We have repeatedly made the point that legislation of such complexity should not be rushed through during the remaining Assembly mandate, particularly when much of the detail may be left to secondary legislation with limited scrutiny. Businesses are already grappling with rising costs, economic uncertainty and growing operational pressures, so they are clear that major legislative change should not be pushed through without adequate engagement and scrutiny, as the unintended consequences could be massive and long-lasting. “Against that backdrop, the FSB survey findings are deeply concerning. Almost two thirds of businesses were unaware the Employment Rights Bill consultation was taking place while it was open. While some only became aware of it after it had closed, a full third of businesses had absolutely no knowledge of it at all. “That raises fundamental questions about how meaningful this consultation process really was and whether the voices of small businesses are genuinely being sought and heard. “Employers are not opposed to modernising employment law, but we remain deeply uneasy about some of the proposals, particularly around trade union access rights, which could become among the most extensive workplace access regimes anywhere in the world. “Business is clear that any statutory rights granted to unions must be balanced by clear legal protections for employers, managers and staff. “Over the past decade, businesses across Northern Ireland have faced a succession of unprecedented challenges, from Brexit and the pandemic to inflation and sustained cost pressures. These realities are shaping decisions on recruitment, investment and growth every day. “Twenty one other business organisations joined FSB in writing to the Economy Minister in April urging the Executive not to rush through the legislation without proper consultation and detailed economic assessment. “We are now seeking an urgent meeting with the Minister to press for a more balanced and workable approach; one that protects employees while also safeguarding Northern Ireland’s attractiveness as a place to invest, grow businesses and create jobs. “For many employers, the message is clear - consultation must be meaningful, scrutiny must be thorough, and the voices of the businesses that power the local economy cannot be left unheard.”