Fair Employment (Monitoring) Regulations (Northern Ireland) 1999

Regulation 5

SCHEDULE 1 Prescribed Information

PART I INFORMATION ABOUT EMPLOYEES

1.  In respect of each registered concern, the following information about employees is prescribed—

(a) whether the concern is one to which Article 52(3) or (4) has applied at any time since the start of the year;

(b) the address of each premises on or from which, on the date of the monitoring return in question, the activities of the employees of the concern were carried on;

(c) the number of employees who are—

(i) male;

(ii) female;

(d) the number of male employees and the number of female employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(e) the number of male employees and the number of female employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic,

under and in accordance with regulation 11(1);

(f) the number of male employees and the number of female employees in the concern who are employed under a contract of apprenticeship whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(g) the number of male employees and the number of female employees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the following major groups of the Standard Occupational Classification published from time to time by the Office of Population Censuses and Surveys that is to say—

• Managers and Administrators,

• Professional Occupations,

• Associate Professional and Technical Occupations,

• Clerical and Secretarial Occupations,

• Craft and Related Occupations,

• Personal and Protective Service Occupations,

• Sales Occupations,

• Plant and Machine Operatives,

• Other Occupations;

(h) the number of male employees and the number of female employees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);

(i) the number of male employees and the number of female employees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);

(j) the number of employees who work sixteen or more hours weekly (hereinafter referred to as “full-time employees”) who are—

(i) male;

(ii) female;

(k) the number of male full-time employees and the number of female full-time employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(l) the number of male full-time employees and the number of female full-time employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic,

under and in accordance with regulation 11(1);

(m) the number of male full-time employees and the number of female full-time employees who are employed under a contract of apprenticeship whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(n) the number of male full-time employees and the number of female full-time employees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);

(o) the number of male full-time employees and the number of female full-time employees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);

(p) the number of male full-time employees and the number of female full-time employees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);

(q) the number of employees who work less than sixteen hours weekly (hereinafter referred to as “part-time employees”) who are—

(i) male;

(ii) female;

(r) the number of male part-time employees and the number of female part-time employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(s) the number of male part-time employees and the number of female part-time employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic,

under and in accordance with regulation 11(1);

(t) the number of male part-time employees and the number of female part-time employees in the concern who are employed under a contract of apprenticeship whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(u) the number of male part-time employees and the number of female part-time employees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);

(v) the number of male part-time employees and the number of female part-time employees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g); and

(w) the number of male part-time employees and the number of female part-time employees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g).

(2) In respect of each registered concern the following information about appointees is prescribed—

(a) the number of appointees who are—

(i) male;

(ii) female;

(b) the number of male appointees and the number of female appointees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(c) the number of appointees who commenced employment in the concern under contracts of apprenticeship (hereinafter referred to as “apprentices”);

(d) the number of apprentices who are—

(i) male;

(ii) female;

(e) the number of male apprentices and the number of female apprentices whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(f) the number of male appointees (other than apprentices), the number of male apprentices, the number of female appointees (other than apprentices) and the number of female apprentices whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);

(g) the number of male appointees (other than apprentices), the number of male apprentices, the number of female appointees (other than apprentices) and the number of female apprentices whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and

(h) the number of male appointees (other than apprentices), the number of male apprentices, the number of female appointees (other than apprentices) and the number of female apprentices whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).

3.  For the purposes of paragraph 2(f) to (h) a person’s employment shall be taken to be that in which he commenced employment in the concern.

PART II INFORMATION ABOUT PROMOTEES

4.  In respect of each registered concern to which Article 52(3) or (4) applies, the following information about promotees is prescribed—

(a) the total number of promotees;

(b) the number of promotees who are—

(i) male;

(ii) female;

(c) the number of male promotees and the number of female promotees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(d) the number of male promotees and the number of female promotees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

under and in accordance with regulation 11(1);

(e) the number of male promotees and the number of female promotees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment immediately following promotion is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);

(f) the number of male promotees and the number of female promotees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment immediately following promotion is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and

(g) the number of male promotees and the number of female promotees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment immediately following promotion is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).

PART III INFORMATION ABOUT APPLICANTS FOR EMPLOYMENT

5.  In respect of each registered concern the following information about applicants for employment is prescribed—

(a) the total number of applicants for employment in the concern;

(b) the number of applicants for employment who are—

(i) male;

(ii) female;

(c) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(d) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic,

under and in accordance with regulation 11(2);

(e) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated as Protestant under and in accordance with these Regulations and who have applied for vacancies classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);

(f) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated as Roman Catholic under and in accordance with these Regulations and who have applied for vacancies classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and

(g) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and who have applied for vacancies classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).

6.  For the purposes of paragraph 5(e) to (g), where an applicant for employment applies for more than one vacancy in a registered concern, the vacancy for which he applied shall be taken to be the first vacancy for which he applied in the period to which information about such an applicant must relate by virtue of regulation 6(3).

PART IV INFORMATION ABOUT FORMER EMPLOYEES

7.  In respect of each registered concern to which Article 52(3) or (4) applies, the following information about former employees is prescribed—

(a) the total number of former employees of the concern;

(b) the number of former employees who are—

(i) male;

(ii) female;

(c) the number of male former employees and the number of female former employees whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(d) the number of former employees who immediately before they ceased to be employed in the concern, were employed under a contract of apprenticeship. (hereinafter referred to as “former apprentices”);

(e) the number of former apprentices who were—

(i) male;

(ii) female;

(f) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated—

(i) as Protestant;

(ii) as Roman Catholic;

(iii) as if the community to which they belong cannot be determined,

under and in accordance with these Regulations;

(g) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);

(h) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and

(i) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).

8.  For the purposes of paragraph 7(g) to (i) a person’s employment shall be taken to be that on his last day of employment in the concern.

Regulation 8(1) and 9(a)

SCHEDULE 2

PART I PRINCIPAL METHOD OF DETERMINING THE COMMUNITY TO WHICH EMPLOYEES BELONG

1.  Where the employer has a written statement made by an employee that he is Protestant or that he is Roman Catholic, the employer shall treat him as belonging to that community.

2.  Where the employer does not have such a statement from an employee he shall ask that employee in writing whether he is Protestant or Roman Catholic or whether he is neither Protestant nor Roman Catholic.

3.  Where in response to such a question, the employee makes a statement in writing that he is Protestant or that he is Roman Catholic, the employer shall treat him as belonging to that community.

4.  Where the employer has no such statement from the employee as is mentioned in paragraph 1 and the employee, in response to the question asked under paragraph 2—

(a) fails to make a written statement; or

(b) states in writing that he is neither Protestant or Roman Catholic;

he shall make no determination in respect of that employee under the method prescribed by this Schedule.

PART II PRINCIPAL METHOD OF DETERMINING THE COMMUNITY TO WHICH APPLICANTS BELONG

5.—(1) The employer shall, in writing, ask each applicant whether he is Protestant or Roman Catholic or whether he is neither Protestant nor Roman Catholic.

(2) The question referred to in sub-paragraph (1) shall be—

(a) included on or sent with any application form supplied by the employer for the purpose of the application; or

(b) sent to the applicant separately by post and accompanied by a pre-paid envelope addressed to the employer.

6.  Where in response to the question put to him under paragraph 5, the applicant sends to the employer a statement in writing that he is Protestant or that he is Roman Catholic, the employer shall treat him as belonging to that community.

7.  Where in response to the question asked under paragraph 5, the applicant—

(a) fails to send the employer a written statement; or

(b) sends him a written statement that he is neither Protestant nor Roman Catholic,

the employer shall make no determination in respect of that applicant under the method prescribed by this Schedule.

Regulation 11(4)

SCHEDULE 3 Residuary Methods of Determining the Community to which Persons belong

1.  For the purposes of regulation 11(1) to (3)—

(a) a person’s surname or other names will tend to show that he has a connection with a particular community if it is considerably more likely that a person belonging to that community would have such names than a person belonging to the other community;

(b) a person’s address will tend to show that he has a connection with a particular community if it is considerably more likely that a person belonging to that community would reside at that address than a person belonging to the other community;

(c) a school that a person attended will tend to show that he has a connection with the Protestant community in Northern Ireland if (whether it was in Northern Ireland or elsewhere) it was, at the time he attended it, more likely to be attended by persons who belonged to Protestant denominations than by persons who did not;

(d) a school that a person attended will tend to show that he has a connection with the Roman Catholic community in Northern Ireland if (whether it was in Northern Ireland or elsewhere) it was, at the time he attended it, more likely to be attended by persons of the Roman Catholic faith than by persons who were not;

(e) a course such as is mentioned in regulation 11(3)(d) will tend to show that the person undertaking it has a connection with a particular community if it is considerably more likely that it would be undertaken by a person belonging to that community than a person belonging to the other community;

(f) any sporting or other lesuire pursuit or interest of a person will tend to show that he has a connection with a particular community if it is considerably more likely that a person belonging to that community would have those pursuits or interests than a person belonging to the other community;

(g) any club, society or other organisation to which a person belongs will tend to show that he has a connection with a particular community if it is considerably more likely that a person belonging to that community would belong to such a club, society or organisation than a person belonging to the other community;

(h) the occupation as a clergyman or minister of any religious denomination will tend to show that the person nominating him as a referee—

(i) has a connection with the Protestant community in Northern Ireland if the referee so nominated is a clergyman or minister of any Protestant denomination; or

(ii) has a connection with the Roman Catholic community in Northern Ireland if the referee so nominated is a clergyman of the Roman Catholic Church;

(i) the occupation as a teacher in a particular school of a referee nominated by any person will tend to show that the person nominating him has a connection with a particular community if it is considerably more likely that a person belonging to that community would nominate a referee who was a teacher in that school than a person belonging to the other community.

2.  For the purposes of regulation 11(1)(b) and (2)(b), where any of the relevant information about a person tends to show a connection between that person and a particular community, the less probable it is that that information would tend to show that connection in the case of a person who does not belong to that community, the stronger shall that connection be regarded.