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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.
No.377 Paternity and Adoption leave Regulations (Northern Ireland) 2002
These Regulations relate to rights regarding paternity and adoption leave derived from the Employment (NI) Order 2002 and include qualification for right, taking paternity leave, 1 or 2 consecutive weeks, 56 day window, notification, terms and conditions of employment during leave, right of return, ordinary and additional adoption leave, one person entitlement re: adoption leave, provisions regarding adoption leave etc which largely reflect those relating to paternity.
No. 53 The Flexible Working (Eligibility, Complaints and Remedies) (Amendments) Regulations (Northern Ireland) 2007
These regulations amend the 2003 regulations of the same name by extending the right to request flexible working to employees who care for certain adult relatives. The Regulations come into effect on 06/04/07.
Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.
No. 297 The Additional Paternity Leave Regulations (Northern Ireland) 2010
These Statutory Rules introduce Additional Paternity Leave and Pay, giving eligible employees (usually fathers) a right to take up to six months’ leave from their employment to care for a child, if the child’s mother or (in the case of adoptions) the primary adopter returns to work without exercising their full entitlement to maternity leave.
The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
No.290 The Industrial Court (Proceedings) Rules (Northern Ireland) 2007
These rules allow for any party to be represented by counsel or solicitor in proceedings before the Industrial Court arising from the legislative provisions listed in the Schedule, that is: the ICE Regulations 2005, the Transnational ICE Regulations 1999, the European Public Limited Liability Company Regulations 2004, and the European Cooperative Society (Involvement of Employees) Regulations 2006.
The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022
These Regulations amend the Industrial Court (Membership) Regulations (Northern Ireland) 2011 (the “Membership Regulations”).
Regulation 2 amends regulation 3 of the Membership Regulations by removing a number of the current legislative provisions in relation to members of the Industrial Court (the “Court”) holding and vacating office and replacing those provisions with a reliance on each member’s terms of appointment.
Regulation 3 contains a transitional provision for current members of the Court.
The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.
Service Standards
The Agency's service standards are set out in our Customer Charter. Any complaint about the delivery of an Agency service can be brought to a Director of the Agency.
We will fully investigate the complaint and respond within ten working days. If the person complaining is not satisfied with the response he/she can raise it with the Chief Executive who will reply within ten working days.
If the individual is still not satisfied he/she can refer the matter to the Ombudsman. A copy of the Agency’s Customer Complaints Procedure, which includes guidance on raising a complaint is available from the Agency or can be downloaded here.
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”).