The Fair Employment and Treatment (Northern Ireland) Order 1998, No. 3162 (as amended)

The Fair Employment and Treatment (Northern Ireland) Order 1998 is a significant piece of legislation aimed at promoting equality and preventing discrimination in employment and the provision of goods, facilities, and services in Northern Ireland. It builds on previous fair employment laws to ensure fair treatment regardless of religious belief or political opinion.

Purpose: The primary purpose of the Order is to promote equality of opportunity and good relations between individuals of different religious beliefs or political opinions. It seeks to eliminate discrimination and ensure fair employment practices, thereby contributing to peace and stability in Northern Ireland.

Requirements:

1. Prohibition of Discrimination: The Order makes it unlawful to discriminate directly or indirectly against individuals on the grounds of religious belief or political opinion in employment and when providing goods, facilities, or services.
2. Fair Employment Monitoring: Employers with more than 10 employees are required to register with the Equality Commission for Northern Ireland and to monitor the religious composition of their workforce. This includes conducting regular monitoring returns and maintaining records to ensure compliance.
3. Affirmative Action: Employers are encouraged to take affirmative action to promote fair participation in employment. This may involve measures to attract applicants from underrepresented religious groups.
4. Complaints and Redress: The Order provides mechanisms for individuals to file complaints if they believe they have been discriminated against. The Equality Commission for Northern Ireland can investigate complaints and take enforcement action if necessary.
5. Positive Duties: Public authorities have a duty to promote equality of opportunity and good relations between individuals of different religious beliefs and political opinions.

Applicability: The Fair Employment and Treatment (Northern Ireland) Order 1998 applies to all employers, employees, and job applicants in Northern Ireland. It also extends to those providing goods, facilities, or services to the public. Public authorities, private businesses, educational institutions, and voluntary organizations must all comply with the Order's provisions.

This Order plays a crucial role in promoting equality and combating discrimination in Northern Ireland, contributing to a more inclusive and equitable society.

The Fair Employment and Treatment (Northern Ireland) Order 1998 requires specific evidence to ensure compliance with its provisions aimed at promoting equality and preventing discrimination based on religious belief or political opinion. These evidence requirements are essential for monitoring, enforcement, and demonstrating adherence to fair employment practices.

Key Evidence Requirements:

1. Registration with the Equality Commission: Employers with more than 10 employees must register with the Equality Commission for Northern Ireland. This registration is crucial for participating in the mandated monitoring processes.
2. Fair Employment Monitoring Returns: Registered employers must submit annual monitoring returns to the Equality Commission. These returns detail the religious composition of their workforce, including information on job applicants, employees, and promotions, helping to identify and address any imbalances.
3. Record Keeping: Employers are required to maintain detailed records of the religious composition of their workforce and job applicants. These records must be accurate and up-to-date to support the annual monitoring returns and demonstrate compliance with the Order.
4. Affirmative Action Measures: Documentation of any affirmative action measures taken to promote fair participation is necessary. This includes records of initiatives aimed at attracting underrepresented groups and any specific actions taken to address identified disparities.
5. Complaints and Resolutions: Employers must keep records of any complaints related to discrimination based on religious belief or political opinion. This includes details of the complaints, the investigation process, and the outcomes or resolutions.
6. Employment Policies and Practices: Employers should have documented evidence of their employment policies and practices, including recruitment, promotion, and training procedures. These documents should reflect the commitment to fair employment and non-discriminatory practices.
7. Compliance Audits: Employers may be subject to compliance audits by the Equality Commission. During these audits, employers must provide evidence of their monitoring returns, record-keeping practices, and any actions taken to promote fair employment.

These evidence requirements ensure that employers are actively monitoring and promoting fair employment practices, enabling the Equality Commission to enforce the Order and support the goal of eliminating discrimination in the workplace.