Working time: key differences in Scotland and Northern Ireland
Updating author: Nicky Stibbs, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Gareth Walls
Future developments
Scotland
Contracts: The Scottish Law Commission has consulted on a draft Contract (Formation) (Scotland) Bill, which, if and when enacted, will provide a statutory basis for determining whether or not a contract is formed, replacing certain aspects of the current common law. Under provisions in the Bill, a contract will be formed if the parties intend an agreement to have legal effect and where it can be given legal effect taking into account other statutory requirements. On 4 February 2019, the Scottish Government published its response to the Scottish Law Commission's Report on review of contract law: Formation, interpretation, remedies for breach, and penalty clauses. In its response, the Scottish Government indicated that it will continue to consider if and when there would be a suitable opportunity to progress the recommendations.
In July 2024, the Scottish Government launched a consultation on the Scottish Law Commission Report on Review of Contract Law to determine whether the landscape has changed since the previous SLC report was published. Further change may follow the outcome of this consultation. The consultation closed on 27 September 2024.
Northern Ireland
Domestic abuse: The Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022, which received Royal Assent on 12 May 2022, requires Regulations to be made entitling employees who are victims of domestic abuse to at least 10 days of "safe leave" during each leave year to enable them to deal with issues related to the domestic abuse, such as obtaining legal advice and welfare support, finding accommodation and protecting family members. During safe leave, employees will be entitled to their usual terms and conditions, including remuneration. The Act also requires Regulations to be made extending the right to safe leave to workers, although with modifications. It is not known when the measures will take effect.
Right to disconnect: On 1 July 2024, the Northern Ireland Government launched a consultation on The 'Good Jobs' Employment Rights Bill. The consultation contains proposals aimed at "strengthening employment legislation" which may progress under an Employment Bill and supporting secondary legislation. The consultation seeks views on whether a statutory code on the "Right to Disconnect" would achieve the right balance between the need to protect employees and support economic development. The consultation closed on 30 September 2024.
