Fair Employment (Monitoring) Regulations (Northern Ireland) 1999

Regulation 8(1) and 9(a)

SCHEDULE 2

PART IPRINCIPAL 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 IIPRINCIPAL 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.