A Belfast law practice says employers, unions and employees are waiting to see if a new Employment Rights Bill that will apply in England, Wales and Scotland will be extended to Northern Ireland.
The wide-ranging measure includes what are called ‘Day One’ rights parental and paternity leave and protection against unfair dismissal and the removal of the 3 waiting days for statutory sick pay.
The new law will see the protective notice period extended from 90 to 180 days and flexible working from an employee’s first day at work. There is also a requirement on employers to take all reasonable steps to prevent sexual harassment in the workplace.
Specialist employment lawyer Oisin Gourley from Edwards Solicitors says fire and rehire-type dismissals will in future be considered unfair dismissal unless the employer can show due to financial difficulties it could not have reasonably avoided making the variation.
Bereavement leave will be available for those who suffer a pregnancy loss before 24 weeks.
Mr Gourley said: “One of the far-reaching steps will see agency workers given the right to be offered guaranteed hours.
“Employment is a devolved matter which means the Northern Ireland Executive and the Assembly will have to decide if the new law is to be extended to Northern Ireland.
“Big changes are on the way. That is inevitable. It remains to be seen if a Northern Ireland Bill will mirror the GB law or if further modifications will be made based on some aspects of employment law in the Republic of Ireland.
“There are implications here for employers, employees, unions and employment tribunals. It would be sensible to see how the law unfolds across the water and to plan for changes in Northern Ireland.
“It will involve employers devoting time and resources to getting to grips with the changes and, of course, there is the potential for increased litigation and workplaces disputes.
“There will be some apprehension about how the new law will impact all sides. Right now, we have no indication if a similar Bill will be fast-tracked here or when, but being prepared and staying ahead of the curve would be advisable.”