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Fair Employment (School Teachers) Act (Northern Ireland) 2022
This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.
From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.
Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.
This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.
Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.
The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.
192 (C.9) Employment Rights (Time off for Study and Training) (1998 Order)(Commencement) Order (Northern Ireland) 2000
This Order brings into operation on 1/9/00 the provisions of the Employment Rights (Time off for study or training) (Northern Ireland) Order 1998.
No 319 The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012
These Regulations come into operation on 10/9/12 and amend the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 which prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Safeguarding Authority under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”).
No. 78 The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order (Northern Ireland) 2010
These Rules revoke the previous provisions from 1992 and the subsequent amendments in 2003. These Rules amend provisions of the 1995 Trade Union and Labour Relations (NI) Order regarding certain trade union related ballots being supervised (as arranged by the trade union) by a qualified independent person (Scrutineer).
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.
No 224 The Trade Union Ballot and Elections ( Independent Scrutineer Qualifications) (Amendment) Order (Northern Ireland) 2017
These Rules come into operation on 17/12/17 and relate to Articles 15, 49, 77 and 106 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 which requires certain ballots and elections that trade unions are required to hold by statute to be supervised by a qualified independent person, known as a “scrutineer”, appointed by the trade union.
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
Agency worker
An agency worker is someone who is supplied by an employment business/agency to work for the hirer under a contract of employment or other such contract as agreed between the employment business/agency and the hirer.