Following a period of legislative proposals and consultations,
\n2026 looks set to be a significant year for employment law reform
\nin Northern Ireland. Several flagship proposals are expected to
\nsolidify into law, including the Department for the Economy’s
\n‘Good Jobs’ bill, alongside changes to domestic abuse
\nleave, parental bereavement leave, and statutory sick pay.
\nEmployers should also monitor key developments regarding post
\nBrexit Windsor Framework protections and the ongoing clarification
\nof the legal definition of “sex.”<\/p>\n
What follows is our guide to the key themes and expected
\ndevelopments across 2026 and beyond.<\/p>\n
What is<\/strong> happening with the ‘Good
Following consultation on a proposed overhaul to NI employment
Assuming the draft bill is passed, not everything will arrive at
See our ‘Good Jobs’ Hub<\/a> and ‘Good Jobs’ dashboard<\/a> for a full
Key areas to watch<\/p>\n Zero-hours contract<\/strong> reform remains a key focus
A key area which needs clarification in NI is holiday
We can also anticipate enhanced trade union
A package of expanded ‘family friendly<\/strong>‘
It remains to be seen whether attempts are made to include other
What else is expected this year?<\/p>\n Domestic abuse ‘safe leave’<\/strong><\/p>\n Following a 2024 consultation, regulations are awaited to
Parental bereavement leave<\/strong><\/p>\n The current parental bereavement regime will be extended to
While many employers already offer this type of leave, it is
Gender pay gap reporting<\/strong><\/p>\n Following consultation earlier in 2025, Northern Ireland is
The regime will not initially include mandatory disability or
On current projections, regulations are likely to follow royal
We wrote about this further here<\/a>.<\/p>\n Developments in GB, EU and beyond- where will NI stand?<\/p>\n The Dillon case and Article 2 of the Windsor
Article 2 of the Windsor Framework makes a commitment that,
The case centres around whether certain provisions of the
EU Pay Transparency Directive: will NI need to
The EU Pay Transparency Directive (PTD) mandates gender pay gap
The position in Northern Ireland is not so straightforward and
Applying the PTD would bring NI closer to ROI\/EU practices and
EU AI Act: will this apply to NI?<\/strong><\/p>\n The EU AI Act (effective since August 2024 with a phased two
Many NI businesses linked to the EU will already be in scope,
The meaning of ‘sex’ in NI to be
Following the UK Supreme Court’s decision in For Women
Because NI does not have the Equality Act 2010 and retains a
The ECNI hopes for a hearing in 2026 once the Dillon
National living wage and statutory sick pay changes<\/p>\n Statutory sick pay reform<\/strong><\/p>\n SSP is set nationally and changes under the Employment Rights
\nJobs’ Employment Rights Bill?<\/strong><\/p>\n
\nlaw last year, the Department for the Economy published its
\nresponse in its “Way Forward,” document, which puts a
\ndraft Good Jobs Employment Rights Bill on track for publication in
\n2026, with enactment targeted before the end of the current
\nAssembly mandate in 2027.<\/p>\n
\nonce, with some changes implemented by secondary legislation and\/or
\nCodes of Practice earlier than the larger structural reforms. The
\nDepartment has flagged that changes to payslips, and new Trade
\nUnion recognition rights are earmarked within this package for
\nsecondary legislation, while the headline reforms to zero-hours
\narrangements, for example, will likely require further design and
\nlead-in time.<\/p>\n
\nbreakdown of the DfE’s proposals.<\/p>\n
\narea. The Department has confirmed a hybrid approach, with the
\noption to move to banded-hours contracts for those consistently
\nworking low\/zero hours (likely after a 26 week qualifying period),
\na right to reasonable notice of shifts and compensation for short
\nnotice cancellations, a ban on exclusivity clauses below the lower
\nearnings limit, and the ability to extend banding beyond
\nzero\u2011hours in future. However, a lot remains undefined so we
\ncan expect further engagement on definitions, refusal grounds and
\ncompensation mechanisms before commencement.<\/p>\n
\npay<\/strong> and the Department intends to shift to a 52 week
\nholiday pay reference period to align with GB and the Supreme Court’s approach in the landmark
\nAgnew case<\/a>. Employers should note, however, that there
\nis no plan to introduce a two\u2011year backstop for historic
\nholiday pay claims in NI, maintaining materially higher exposure
\nfor NI employers compared to those in GB at present.<\/p>\n
\naccess<\/strong>, including digital access, and a lower headcount
\nthreshold for recognition claims from 21 to 10 employees. This
\ncombination may drive more activity on statutory recognition,
\nincluding in smaller workplaces, with knock on implications for
\ninformation and consultation arrangements.<\/p>\n
\nrights are also proposed through flexible working becoming a day
\none right with simpler processes, introduction of a week of unpaid
\ncarer’s leave, creating neonatal leave and pay, extending
\nredundancy protection for pregnant employees and family leave
\nreturners, and making paternity leave more flexible and accessible.
\nThese measures will largely mirror the pre-Employment Rights Act
\n2025 position in Great Britain which proposes further enhancements
\nunder that legislation.<\/p>\n
\nchanges that are being introduced in GB as the Bill passes through
\nthe Assembly. See here for a full breakdown of changes
\nintroduced under the Employment Rights Act in GB<\/a>.<\/p>\n
\nimplement Northern Ireland’s statutory right to 10 days’
\npaid ‘safe leave’ for employees affected by domestic abuse,
\nsee further here<\/a>. This will be a day one right
\nfor employees dealing with related legal, medical, or housing
\nissues, with the cost to be met by employers. Secondary legislation
\nto enact this is finally expected in 2026, and employers should
\nconsider developing policies to ensure safe and sensitive
\nimplementation. Northern Ireland will be the first jurisdiction in
\nthe UK and Ireland to enact such leave, so the rate of employee
\nuptake is uncertain.<\/p>\n
\ncover loss of a child through miscarriage and will become a day one
\npaid entitlement. This change was announced by the DfE in 2022 but
\nis yet to take effect, and must apply no later than 6 April
\n2026.<\/p>\n
\nstill sensible to review bereavement and compassionate leave
\npolicies to ensure alignment with the expanded scope and
\neligibility. Employers with employees in both NI and GB should note
\nthat although ‘miscarriage leave’ will be enacted in GB
\nunder its Employment Rights Act 2025, it will be unpaid, unlike in
\nNI, therefore employees in NI are much more likely to exercise this
\nright.<\/p>\n
\nmoving closer to implementing long delayed gender pay gap
\nreporting. The regime is expected to mirror that in GB on
\nmethodology and frequency but will also require mandatory action
\nplans alongside the figures – a requirement not currently present
\nin GB (although will be introduced in due course under new
\nlegislation). The Equality Commission for Northern Ireland (ECNI)
\nwill act as the regulator, with sanctions still under
\nconsideration.<\/p>\n
\nethnicity pay gap reporting, despite Northern Ireland being the
\nfirst jurisdiction to plan for it. Great Britain, however, remains
\ncommitted to implementing such reporting in the near future.<\/p>\n
\nassent of the Good Jobs Bill, with first reports most plausibly
\narising on a 2027 snapshot for publication in 2028. One key to
\nsuccessful reporting is ensuring that IT and HR systems are
\nconfigured to provide required data relating to employee gender,
\npay and bonuses. Employers may want to test their systems ahead of
\ntime to ensure they are ready when this obligation is
\nintroduced.<\/p>\n
\nFramework<\/strong><\/p>\n
\nfollowing Brexit, there will be no diminution of rights in NI as
\nprotected by the Good Friday\/Belfast Agreement including in the
\narea of protection against discrimination. The recent UK Supreme
\nCourt case of Dillon and Ors v Secretary of State for Northern
\nIreland has provided the first substantive opportunity to test
\nthe scope and application of Article 2.<\/p>\n
\ncontroversial Legacy Act violate the European Convention on Human
\nRights, but it raises much broader constitutional questions about
\nhow new or evolving EU rights may interact with NI law post Brexit.
\nThe Supreme Court hearing took place in November 2025 with judgment
\nexpected in early 2026 and will likely have significant impact on
\nhow the Pay Transparency Directive and For Women Scotland
\njudgment apply in NI (more on this below).<\/p>\n
\ncomply?<\/strong><\/p>\n
\nreporting for companies with 100 or more employees and grants new
\nindividual rights to pay transparency across Member States. These
\nmeasures are more extensive than the current regime in Great
\nBritain which, following Brexit, does not have to comply. There are
\nno current plans to introduce this in GB.<\/p>\n
\nthere is an outstanding question as to whether these more stringent
\nPTD obligations will apply to NI via Article 2 of the Windsor
\nFramework. Both the Equality Commission for NI and the NI Human
\nRights Commission argue that the framework’s dynamic alignment
\nprinciple requires the implementation of most PTD obligations in
\nNI. If the PTD is found to be within scope, NI could see lower
\nreporting thresholds, stronger individual transparency rights, and
\nmore prescriptive equal pay diagnostics. There is also a timeframe
\nfor implementing these regimes which NI is obviously not keeping
\npace with.<\/p>\n
\ncreate significant divergence from GB, posing logistical challenges
\nfor employers operating in both regions. The current delay in
\nNI’s mandatory pay gap reporting regime is likely due to these
\nunresolved questions, and the outcome of the Dillon case is
\nexpected to provide greater clarity.<\/p>\n
\nyear roll out) sets a risk-based regime, banning certain
\n‘unacceptable’ uses of AI from February 2025 and imposing
\nstrict controls on high risk systems, including those used in
\nrecruitment and workplace management. It does not apply directly in
\nGB or NI (only to EU member states), but on 24 March 2025 the
\nEuropean Commission proposed adding it to the Windsor Framework so
\nit would apply in Northern Ireland. Doing this involves a complex
\nprocess requiring sign off from the Joint Committee between the EU
\nand UK, and no decision has been made yet, although the UK
\ngovernment is assessing the proposal.<\/p>\n
\nbut NI application would solidify employer obligations when
\ndeploying high risk tools for hiring, promotion, performance and
\nmonitoring, and could create regulatory divergence with GB.
\nEmployers may want to watch this space for further developments in
\n2026. See further here<\/a>.<\/p>\n
\nclarified<\/strong><\/p>\n
\nScotland (FWS) that “sex” in the Equality Act 2010
\nmeans biological sex, in June 2025 the Equality Commission for
\nNorthern Ireland (ECNI) set out a roadmap to clarify how equivalent
\nterms should be interpreted under NI’s distinct equality
\nlegislation, and how Article 2 of the Windsor Framework may shape
\nthe position here. We wrote about this further here<\/a>.<\/p>\n
\npatchwork of legislation, the ECNI considers FWS to be highly
\npersuasive but not binding. ECNI has now applied to the High Court
\nfor judicial review to secure clarity on these issues.<\/p>\n
\nposition is resolved. In the meantime, employers should proceed
\ncautiously and follow ECNI’s interim guidance, which will be
\namended and finalised once the Court has clarified the
\nposition.<\/p>\n
\nAct 2025 timetable will also apply to NI. The waiting days will be
\nremoved so SSP is payable from day one, and those below the lower
\nearnings limit will be entitled to sick pay at 80% of average
\nweekly earnings. The UK Government’s roadmap indicates a
\ncommencement date of 6 April 2026. Employers who rely on waiting
\nperiods within occupational schemes should review policies and
\nbudget for potential increase in short term absence.<\/p>\n