Legal update: SSP change and ‘Good Jobs’ Bill in Northern Ireland 

The government recently set out their roadmap for the multiple measures in the upcoming Employment Rights Bill – dubbed as the biggest overhaul of employment law in nearly 30 years.

At the same time, the Department for the Economy in Northern Ireland shared its The Way Forward document for the proposed ‘Good Jobs’ Employment Rights Bill.

While the GB Bill (which is expected to become law this Autumn) won’t apply in NI, and the main NI legislation isn’t expected until 2026, two key measures are being fast-tracked for earlier implementation at the same time as the rest of the UK:

Two key changes the Assembly are aiming to introduce: 

1. Statutory Sick Pay (SSP) – New rules will remove unpaid waiting days and the minimum earnings threshold.
2. Fair Work Agency – A new enforcement body will be created to handle a wide range of workplace rights and be responsible for enforcing those areas where the state is directly involved in enforcing employment law rights. It’ll start with a limited range of responsibilities, including enforcing SSP breaches. They’re also scrapping the Gangmasters & Labour Abuse Authority, whose duties the FWA will take over.

What could change with SSP in Northern Ireland? 

New SSP rules are expected to come into force in April 2026. These changes will be introduced through the Employment Rights Bill in Britain, but the NI Assembly has also agreed to adopt them separately. They should give workers more protection and keep SSP rules consistent across the UK – especially helpful for employers operating in NI and GB.

The two main SSP updates you need to know: 

1. SSP will be paid from day one of absence 

Employees don’t currently get SSP for the first three days they’re off sick – these are known as ‘waiting days’. The plan is for this waiting period to be removed, meaning SSP will be payable from the first day of sickness absence.

The change is likely to lead to more short-term sickness absences, but the aim is that this will be outweighed by reducing the risks of employees working when they’re unwell. This will help limit the spread of illness and support faster recovery and increased productivity.

2. More employees will qualify for SSP 

Right now, employees must earn at least the Lower Earnings Limit (currently £125 a week) to be eligible for SSP. That threshold is to be removed, which means all employees will be eligible.

To avoid situations where some lower-paid workers earn more while off sick than working, the SSP payment will be capped. The new rate will be whichever is lower:

• The standard weekly SSP rate (currently £118.75), or
• 80% of the employee’s usual weekly pay

This means employers will need to calculate 80% of weekly earnings for absent lower paid employees and apply the appropriate rate.

What’s staying the same with SSP?

There are no changes to other parts of the SSP process. That means:

• The maximum entitlement will remain at 28 weeks

• Employees will still be able to self-certify for the first seven calendar days

• Medical fit notes will still be required from day eight onwards

What else is on the way in the Good Jobs Bill? 

The proposed Good Jobs Bill aims to raise standards for workers across Northern Ireland. Based on a public consultation, it focuses on four key areas that define what makes a ‘good job’:

1. Terms of employment
2. Pay and benefits
3. Voice and representation
4. Work-life balance

Some of the measures and steps mirror the Employment Rights Bill, some would bring Northern Irish law in line with existing employment law in Great Britain, some are more like Irish law, and some would be specific to Northern Ireland. Slightly confusing, we know.

But let’s take a closer look at those four areas:

1. Terms of employment

• Zero hours contracts – rights for workers to apply for banded hours contracts that better reflect their actual working pattern.

• Fire and rehire restrictions – to make it automatically unfair to dismiss an employee and immediately re-engage them on new contract terms without their agreement, except in cases where the employer is acting in response to serious financial difficulty.

• Written terms from day one – all workers, not just employees, must receive their contract or a written statement before or on their first day.

• Agency workers – equal pay protections will be strengthened, and agencies will need to provide clearer payment information upfront.

2. Pay and benefits

• Real Living Wage – encouraging wider adoption and exploring devolving minimum wage powers in future.

• Tipping allocation – introducing measures to pass on tips in full and fairly, with clear record-keeping

• Payslips – extension of the right to receive an itemised pay statement to workers (as well as employees), including a breakdown of paid hours for workers paid based on time worked.

• Holiday pay – changing the assessment period for calculating holiday pay for variable hours workers from 12 weeks to 52 weeks.

• Right to disconnect – a new Code of Practice will support the right to switch off outside working hours.

3. Voice and representation

• More union access – trade unions will have greater access to workplaces and employers won’t be able to unreasonably refuse.

• Trade union recognition – reducing the number of employees needed to seek union recognition from 21 to 10.

• Sector-wide bargaining – government will explore expanding this beyond public and agricultural sectors.

• Stronger protection during industrial action – dismissal of employees for taking part will be automatically unfair.

• TUPE – no immediate changes, but a review of employee consultation rights on the horizon.

4. Work-life balance

• Flexible working – employees will be able to make two requests per year, with clear reasoning for refusing necessary. It’ll also become a day-one right.

• Carer’s leave – a new right allowing up to one week of unpaid leave each year to care for dependants with long-term needs.

• Neonatal care leave – new right of up to 12 weeks’ paid leave for parents of newborn babies needing neonatal hospital care.

• Paternity leave – amendment to split leave into two blocks and be taken at any time within the first year. It’ll also become a day-one right.

When will these changes take effect? 

Most of the proposals under the Good Jobs Bill are still in the early stages, and no new laws have been passed yet.

The NI Executive aims to introduce the full Bill in early 2026, with changes being rolled out gradually before the next Assembly elections in 2027.

In the meantime, the government will continue working with key stakeholders – including unions, employers, and the Labour Relations Agency – to shape how the proposals will be implemented.

We’re here to keep you informed every step of the way so you can prepare with confidence.

Got any questions? We’re here to help

There’s a healthy timeline to get ready for these changes, so you don’t need to panic. We’ll keep you updated every step of the way but if you do want to talk though anything now, you can use your 24/7 advice line* on 0345 844 4848.

 

*Applicable for all clients who’ve purchased Citation’s HR & Employment Law and/or Health & Safety core service, including H&S and HR Workplace Expert. Please note that our H&S and HR Virtual Assistance clients have access to our advice line Monday to Friday 9am-5pm.