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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.
604 Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996
These Regulations, as of 2nd February 1997, revoke and replace the Industrial Relations (Continuity of Employment) Regulations of 1994 and relate to maintenance of continuity of employment where a dismissed employee is reinstated or re-engaged in certain circumstances.
Discrimination
Employers have a legal duty to ensure that they do not treat an individual less favourably on any grounds related to their age, gender, marital status, disability, race/nationality, sexual orientation, religious belief or political opinion.
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
Employee-led Early Conciliation
From 27 January 2020 anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the Labour Relations Agency and discuss the option of Early Conciliation. You will not be able to proceed to tribunal without at least considering this option.
No. 110 Maternity and Parental leave etc. (Amendment) Regulations (Northern Ireland) 2002
These Regulations amend the 1999 Regulations of the same name and essentially revoke the previous restriction which meant that parental leave uses only exercisable in relation to children born or placed for adoption on or after 15th December 1999.
Bereavement Leave
Employees are sometimes entitled to paid bereavement leave if someone close to them dies. All employees are entitled to reasonable time off without pay to arrange or attend the funeral of a dependant.
No 99 The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015
These Regulations are part of a group of Statutory Rules which, taken collectively, have the purpose of enabling eligible working parents to share leave and pay entitlement in respect of children due to be born, or placed for adoption, on or after 5th April 2015.
Whistleblowing
The Public Interest Disclosure (Northern Ireland) Order 1998 protects those who report serious wrongdoing in the workplace from dismissal or detrimental treatment as a result of their whistleblowing.
Job applications
There are two main options for inviting applications to job vacancies:
• providing a job application form to be completed and returned, or;
• asking applicants to send a copy of their curriculum vitae (CV).