Background
to the
Research
- SACHR was established by
Parliament under section 20 of the NI Constitution Act 1973. In January
1985 the Commission informed the then Secretary of State of its intention
to undertake a review of the adequacy and effectiveness of existing
laws and institutions in securing freedom from discrimination and
further equality of opportunity in NI. This review culminated in the
publication of two reports on religious and political discrimination
and equality of opportunity in NI. The debates surrounding the reports
were influential in the development of fair employment legislation
leading to the Fair Employment (NI) Act (1989), amendments to the
1976 Fair Employment Act and related government policies.
- It was therefore appropriate
that the Secretary of State should ask the Commission to review employment
equality five years after the introduction of the 1989 Fair Employment
(NI) Act. This chapter examines employers' experiences of both applying
the 1989 Fair Employment Act to the workplace and dealing with the
institutional machinery created under the Act.
Research
Approach
- The research process was based on two inter-related
elements, namely public participation and commissioned research. Employers
were invited to make individual oral and or/written submissions through
the public participation process. In addition, employers were the
focus of several research elements.
- First, in order to gain access to the broadest
possible range of experience, a questionnaire was administered to
all employers listed with the FEC. The response rate was high for
a self-administered postal questionnaire, at some 30% or 1230 responses.
- Second, SACHR commissioned specific research
into the attitudes and experiences of personnel managers with specialist
knowledge of the fair employment legislation. SACHR noted that such
a group of managers existed within the equality forum. This research
was conducted through the medium of focus groups.
Main Findings
Employer Survey
- There is evidence of some limited residual
resistance to the fair employment initiative, most often expressed
as an objection to NI being treated differently to the rest of the
United Kingdom. However, blanket opposition is not common.
- Some real concerns were expressed, particularly
related to the three-year review and the possibility of spurious claims.
- The majority of employers are aware of
their obligations with regard to the legislation, have availed of
the FEC in an advisory capacity and have devoted considerable energy
towards implementing fair employment concepts within their own establishments,
whether they are in broad agreement with the initiatives or not.
- The survey also showed that the FEC has
been highly successful in implementing the registration requirements
and obtaining compliance with the provision for early monitoring returns.
- There was a widespread belief that Fair
Employment Tribunals were biased in favour of the applicants. This
was directed, not on the basis of the institution itself, but rather
at certain operational aspects which, employers claim, favour applicants.
- In terms of the overall impact of the
legislation, employers' comments are particularly focused in the area
of cost. Costs are principally related to monitoring, recruitment
and selection, and Tribunal proceedings. It was observed that such
costs were not borne by competitors in Great Britain and the Republic
of Ireland.
Focus Groups
- With regard to the FEC, there was widespread
agreement that an enhanced advisory service was required.
- A substantial number of members suggested
that the advisory and operational roles of the FEC had to be independent.
- There was also widespread support for
a review of the use of goals and timetables to allow for more 'realistic'
targets to be established within the current climate of low labour
turnover.
- Opinion was unanimous in that Tribunals
took far too long to be listed for hearing and, beyond this, were
over-lengthy.
Conclusions
- It was noted that there was a strong degree
of convergence between the two pieces of research. To a great extent,
the results from the employer survey showed that the reforms suggested
by the Equality Forum focus groups are indicative of current employer
thinking.
- However, within the suggested reforms lurks
the facility to seriously undermine the practical application of the
legislation. That said, there is no sense in which the employer perspective
suggests radical changes in the legislation, nor would this be expected,
given the view that the system established in 1989 was close to what
employers wanted.
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