Fair Employment (Monitoring) Regulations (Northern Ireland) 1999

Determinations in respect of former employees

10.—(1) For the purposes of preparing a monitoring return in respect of a registered concern to which Article 52(3) or (4) applies, an employer shall treat—

(a) each former employee of the concern to whom paragraph (2) or (3) applies as belonging to a community in accordance with the paragraph which applies to him; and

(b) any other former employee in the concern as if the community to which he belongs cannot be determined.

(2) Where—

(a) for the purpose of preparing a monitoring return the employer in a registered concern treated an employee in that concern as belonging to a particular community (“the relevant community”);

(b) that information is contained in the return when it was served under Article 52(1); and

(c) the employer is required to include in the next monitoring return information about the same person as a former employee,

then the employer shall, for that purpose, treat the former employee as belonging to the relevant community.

(3) Where—

(a) for the purpose of preparing a monitoring return the employer in a registered concern treated an applicant for employment in that concern as belonging to a particular community (“the relevant community”);

(b) the employer is required to include in a subsequent return information about the same person as a former employee; and

(c) paragraph (2) does not apply in the case of that former employee,

then the employer shall, for that purpose, treat the former employee as belonging to the relevant community.