Employer Perspectives on Fair Employment in Northern Ireland

Author(s): Nigel Houston, Shaaron Collet, Katrin Morey, Patricia McCorry and Brian Tipping
Document Type: Chapter
Year: 1996
Title of Publication: Public Views and Experiences of Fair Employment and Equality Issues in Northern Ireland
Publisher: Standing Advisory Commission on Human Rights
Place of Publication: Belfast
ISBN: 0 9527528 2 4
Subject Area(s): Employment, Equality Issues
Client Group(s) : Employers

Abbreviations: SACHR - Standing Advisory Commission on Human Rights, NI - Northern Ireland, FEC - Fair Employment Commission

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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