Background to the Research

• No published research currently exists in Northern Ireland concerning the aims, experiences and outcomes of those who make a complaint in relation to sex discrimination or equal pay. In recent years, a substantial increase has occurred in the number of people who have contacted the Commission with general enquiries, and to request legal and financial assistance. The Commission was concerned with the overall effectiveness of the range of services it provides to individuals, and therefore decided to conduct research into the experiences of those individuals who had contacted them in recent years

Research Approach

• A postal survey, designed by Commission staff was sent to a sample of 1,994 individuals who had contacted the Commission between April 1994 and March 1997. The sampling frame contained all contacts recorded on the Commission's database, which was stratified into two groups; (1) contacts who did progress beyond the initial enquiry stage; and (2) contacts who received more than just initial advice and assistance from the Initial Complaints Officer. Eight hundred contacts from the first group were randomly selected, and all contacts (1194) from the second group were included in the sample. A 43% response rate was achieved.

Main Findings

• 85% of respondents were women, almost half were aged between 25 and 34, and most were married. The largest group (38%) were educated to degree level, while one in eight (12%) had no formal educational qualifications. Nine out of ten were in paid employment, the majority of whom were working either in managerial/technical occupations, or in skilled non-manual jobs. Similar proportions were employed in the private and public sectors (46% and 50% respectively).
• Issues surrounding maternity and pregnancy were the most common factors in the decision of female respondents to contact the Commission, followed by sexual harassment, and victimisation. For men, the most common issues were promotion and recruitment related.
• For both women and men the underlying motives for approaching the Commission included a desire to change the employer attitudes and practices, and to stop the discrimination. Most were not interested in the financial compensation.
• Of the 575 concluded cases examined in the survey, a quarter ended their enquiry after receiving advice and information, over a third later approached their employer, and a similar proportion subsequently lodged a complaint with the industrial tribunal.
• Only one in five of those who ended their enquiry at the initial stage reported a successful outcome. Nonetheless, a significant proportion stated that they were pleased with having made the initial contact.
• Almost three quarters of those who approached their employer on the basis of advice and information supplied by the Commission, achieved some form of positive outcome as a result of their action. Over a third said the discrimination had stopped, while a quarter indicated that their "employer had changed their attitude." One in four, however, believed that nothing was achieved, including 40% of men.
• A fifth of those 218 complainants who lodged a case with the industrial tribunal later withdrew, while two thirds made a settlement. Only 13% had their cases heard by the tribunal. Sexual harassment and maternity/pregnancy cases were the main issues for those who proceeded to a settlement or tribunal, while respondents with recruitment complaints accounted for a quarter of all withdrawn cases.
• There was a distinct contrast in the outcomes achieved by respondents who settled their cases, compared with those who proceeded to a full tribunal hearing. In general, a much higher rate of positive outcomes was achieved by those who settled cases. A noteworthy finding was the relatively high proportion of Tribunal cases who reported that 'nothing was achieved'.
• Financial awards were made to nearly two thirds of the 218 individuals who initiated a case. The median level of compensation was £5000 (a sexual harassment award). In general, respondents whose cases were heard at a tribunal obtained a higher average level of compensation (6,250), compared with those who settled £5000), or who approached their employer (£1,500).
• Two-thirds of all respondents who completed the questionnaire said that they were pleased at having made the enquiry or complaint, while over a quarter reported mixed feelings. Only 3% wished that they had never contacted the Commission.
• 83% of respondents declared that the assistance they received from the Commission was useful. Fewer than one in ten rated the Commission's advice as useless.
• Most agreed that Commission staff were both competent and professional (81%); and that they explained procedures clearly (80%). Similarly, 82% agreed that Commission letters were easy to understand; and that their enquiry or complaint was processed without delay (78%). Most dissatisfaction (59%) was related to difficulty in making telephone contact with the correct person.
• Most complainants experienced some degree of stress during the process and relations with senior management worsened for more than half the sample; almost a third also reported a deterioration in relations with work colleagues. One in three experienced some form of victimisation as a result of making their enquiry or complaint.
• One of the strongest messages to emerge from this study is that the information and advice provided by Commission staff is both expert and highly valued, however additional resources are required in order to equip the Commission to cope with the growing demands which are now being made on its services.