Economy Minister Caoimhe Archibald has announced a significant concession to employers regarding trade union access rights within the long-awaited Good Jobs Employment Rights Bill, confirming that micro-businesses employing fewer than 10 people will be exempt from proposed workplace entry requirements. The announcement, made on 29 May 2026, represents the latest evolution of what the Minister describes as the “most significant upgrade of our employment legislation since devolution” as the Bill finally prepares to enter the Assembly scrutiny phase.
The exemption marks a shift from earlier proposals, which would have granted trade unions a statutory right to request access to all workplaces regardless of size. The move comes amid sustained pressure from business groups, who have warned that the compressed legislative timetable ahead of next year’s Assembly election risks insufficient scrutiny of the landmark reforms.
Micro-Business Exemption Confirmed
Under the revised proposals, businesses with fewer than 10 employees—classified as micro-businesses—will not be required to grant trade unions access to their premises for recruitment, representation or collective bargaining purposes. This threshold aligns with the proposed new limit for statutory trade union recognition, which the Bill would reduce from the current 21 employees to 10.
The Department for the Economy confirmed the change follows “ongoing engagement with businesses and trade unions across the north.” In a statement, Minister Archibald positioned the amendment as evidence of responsive governance rather than retreat from reform.
“In taking forward this transformational piece of legislation I have always been clear that I will listen to everyone with a genuine interest in delivering more Good Jobs,” the Minister said. “What I’m announcing today is a direct response to the conversations I am continuing to have with employer representatives, trade unions and others.”
She added: “This is about getting the balance right – supporting strong worker voice and fair workplaces, while ensuring businesses can continue to succeed.”
Phased Implementation Remains Contentious
The micro-business exemption forms part of a broader phased approach to the Bill’s most controversial provisions. While the legislation has faced repeated delays—missing intended publication dates in January and March 2026—the Department maintains that implementation of trade union access rights will proceed gradually even after royal assent.
Current plans suggest the access provisions will initially apply to businesses with 50 or more workers from 2028, extending to those with 21 or more employees in 2029, and finally encompassing all businesses except the exempted micro-firms from 2030. This staggered introduction aims to allow smaller employers additional preparation time.
However, business groups including the Confederation of British Industry (CBI), NI Chamber and Federation of Small Business remain sceptical. In a recent letter to ministers, they warned: “We are increasingly concerned that we are running out of time to ensure that full and proper scrutiny can be given to the bill, or indeed, any potential amendments. The risk of unintended consequences is now so significant that all consideration should be given to deferring the Bill.”
What Else the Bill Contains
The Good Jobs Bill extends far beyond union access, representing a comprehensive overhaul of Northern Ireland employment law that diverges in several respects from Great Britain’s recent Employment Rights Act 2025. Key provisions include:
- Banded Hours Contracts: Replacing exploitative zero-hours arrangements, allowing workers who consistently work regular hours over a reference period to request contracts reflecting their actual working patterns
- Fire and Rehire Protections: Making it automatically unfair to dismiss and re-engage employees on less favourable terms unless the business faces genuine financial difficulty
- Day-One Rights: Extending written statements of employment particulars to “workers” as well as employees, provided from the first day rather than within two months
- Right to Disconnect: A statutory Code of Practice limiting expectations for workers to answer communications outside working hours
- Enhanced Family Leave: Including carer’s leave, neonatal care leave and pay, and strengthened protections from redundancy during pregnancy and family leave
- Tip Transparency: Ensuring workers receive all tips, gratuities and service charges
- Electronic Balloting: Permitting trade unions to use modern balloting methods for industrial action
The Bill also abolishes the “Swedish derogation” that allows agency workers to receive less pay than permanent counterparts after 12 weeks, and lowers thresholds for Information and Consultation agreements from 10% to 2% of employees.
Trade Union Response
Trade unions have vigorously defended the Bill against business calls for delay. The Irish Congress of Trade Unions (ICTU) described business lobbying as a “cynical attempt to block positive change that people understand and want,” noting that polling suggests 80% of Northern Ireland voters support workers having the right to access trade unions in their workplace.
Gerry Murphy, ICTU assistant general secretary, has previously characterised the proposals as “not some radical wish list” but rather “basic workplace fairness” regarding contracts that reflect hours actually worked, reasonable shift notice and retention of tips.
The Minister appears determined to press ahead despite opposition, stating: “It is now time for the Bill to move to the floor of the Assembly for detailed scrutiny. Ultimately, this landmark legislation is about creating the right conditions for more good jobs that provide security, fair pay and opportunity for all.”
Critical Questions Remain
While the micro-business exemption addresses some employer concerns, significant uncertainties persist regarding the practical operation of the new framework:
- How will the Labour Relations Agency enforce access agreements and resolve disputes between unions and employers regarding what constitutes “reasonable” access?
- Given that 99.2% of Northern Ireland businesses are micro, small or self-employed, will the exemption for sub-10 employee firms significantly limit the Bill’s reach in practice?
- Can the Assembly provide adequate scrutiny of 260 pages of consultation response, 19 impact assessments and multiple statutory Codes of Practice before the anticipated election in 2027?
- Will the proposed alignment with Great Britain on employment status categorisation resolve the complex tax interactions that currently prevent full harmonisation?
- How will the Department ensure that “banded hours” contracts genuinely provide security without reducing flexibility for seasonal industries?
The Bill’s passage through the Economy Committee, expected to begin imminently, will test whether the Minister’s balancing act between worker protection and business flexibility can survive the pressures of a shortened mandate.