Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1999)

Articles 1 to 3 of the Convention. Northern Ireland. In its previous observation, the Committee noted that the Equality Act 2010 is not applicable in Northern Ireland. It further referred to the exclusion of teachers from the protection against discrimination on the ground of religious belief and to the implementation of the Race Equality Strategy for Northern Ireland. The Committee notes the Government’s indication that there are currently no plans to develop a Single Equality Bill for Northern Ireland and that the Office of the First Minister and deputy First Minister continues to legislate in order to provide legal protection against discrimination and to promote equality of opportunity. With respect to the exclusion of teachers from protection against discrimination, the Government indicates that following the recommendation from the Equality Commission to abolish the exception, an Assembly motion in April 2013 called on the Office of the First Minister and deputy First Minister to repeal the exception to ensure equal opportunity. The Government further indicates that formal consultation on a new revised Racial Equality Strategy for Northern Ireland (entitled “A Sense of Belonging – Delivering Social Change through a Racial Equality Strategy for Northern Ireland 2014–24”) was launched between 19 June and 10 October 2014. The consultation seeks views on, among other matters, the need for reform of race legislation in Northern Ireland and the proposals put forward by the Equality Commission, including the provision of increased protection against discrimination and harassment on the grounds of colour and nationality across the scope of the race equality legislation. It also seeks views on how the Strategy should be implemented. Taking into account the Assembly motion in April 2013, the Committee requests the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief and to provide information on any development relating thereto. The Committee further requests the Government to provide information on the results of the consultation launched in 2014 concerning the Racial Equality Strategy for Northern Ireland, as well as on the specific legislative measures adopted by the Office of the First Minister and deputy First Minister to address discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Enforcement. The Committee notes the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, which introduces a requirement to pay a fee to initiate proceedings in employment tribunals. The Committee notes from the statistics compiled by the Ministry of Justice that, since the introduction of these fees the number of discrimination claims has dropped considerably. The Committee refers in this respect to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). It also notes that section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA), repeals section 138 of the Equality Act 2010, which allowed a potential victim of discrimination to submit a list of questions to the potential respondent in order to overcome the difficulties in identifying whether discrimination has occurred. The Committee further notes the intention expressed by the Government in its report to repeal section 124 of the Equality Act 2010 pursuant to which employment tribunals are able to make recommendations in discrimination cases to benefit the wider workforce and prevent similar discrimination from occurring in future. Recalling that the burden of proof can be a significant obstacle to justice, particularly as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer, the Committee requests the Government to provide further information on the reasons for the repeal of section 138 and the possible repeal of section 124 of the Equality Act 2010. The Committee requests the Government to continue providing information on the administrative and judicial decisions concerning the implementation of the Convention, as well as statistical information on trends in the number of discrimination claims before employment tribunals.

The Committee is raising other matters in a request addressed directly to the Government.