Northern Ireland’s employment laws being left behind, warns senior lawyer

A leading local employment lawyer has said Northern Ireland workers and employers are being left in limbo due to the ongoing absence of the Executive.

Ian McFarland, employment partner at Eversheds Sutherland Belfast, has said new legislation and regulations which have come into force in Great Britain and the Republic of Ireland, coupled with the inability to progress legislation locally, mean Northern Ireland’s employment laws are being left behind compared to neighbouring jurisdictions.

Mr McFarland has highlighted several pieces of legislation which have been enacted in Great Britain last month. These include new legal rights for parents of children requiring neonatal care, the right to unpaid leave for employees with caring responsibilities, protection for workers who receive tips, and increased rights for employees on or recently returned from family leave in a redundancy situation. Parents in the Republic of Ireland have also been granted stronger working rights to avail of breastfeeding breaks and unpaid leave for carers for medical purposes through provisions in the Work Life Balance Act.

Meanwhile, local legislation, including in relation to gender pay gap reporting, domestic abuse “safe leave”, and zero-hours workers remains on hold pending restoration of the Executive.

It comes as the Department for the Economy’s 10X Delivery Plan 2023/24, published last week, included commitments to ensure “employment relations framework remains fit for purpose”. However, without a minister, policy proposals or new legislation cannot be progressed.

Ian McFarland, partner – employment, Eversheds Sutherland Belfast, said: “The ongoing absence of political decision-making in Northern Ireland is having a significant and severe impact on all of our public services including our education system, the health service, our road networks, and much more. However, the lack of an Executive and an Assembly is also putting a halt on bringing forward progressive employment legislation which protects workers and employers alike.

“We’ve seen with recent legislation and regulations which have come into force in Great Britain, and the Republic of Ireland how government can support businesses and workers in the workplace and ensure a commitment to issues of diversity, inclusion, and stronger employment rights, particularly for working families. However, as employment law is devolved to Northern Ireland, none of the new laws will apply here.

“That includes the Employment (Allocation of Tips) Act 2023 which is expected to come into force next year and will make it unlawful for employers to withhold tips from staff. It also includes stronger protections for parents and caregivers, such as the Protection from Redundancy (Pregnancy and Family Leave) Act which will give those who are pregnant or recent returned from family related leave priority status for redeployment opportunities in a redundancy situation, as well as the Neonatal Care (Leave and Pay) Act which will give families a statutory entitlement to paid leave from work if their baby needs neonatal care.

“The Covid-19 pandemic has utterly changed the world of work and brought with it new challenges and issues for employers and employees to navigate. Governments across these islands are cognisant of this fact and are putting in place new legislation which reflects this new reality. While it is positive that the Department for the Economy is progressing with policy proposals to ensure our employment laws are as up to date as possible, only an Economy Minister will be able to bring forward the new legislation that we need in Northern Ireland to deliver for workers and businesses. The ongoing political paralysis means that our employment laws will remain outdated and unfit for the new working world.”