Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes with regret that the Government, in its report, has not replied to the issues raised in its previous observation.

Articles 1 to 3 of the Convention. Northern Ireland. The Committee notes, once again, that the Equality Act 2010 is not applicable in Northern Ireland and that teachers are excluded from the protection against discrimination on the grounds of religious belief. It notes with interest that the Racial Equality Strategy 2015–25 for Northern Ireland has been adopted. This document acknowledges that “a significant gap has opened up between the protections offered in Great Britain and [Northern Ireland]”. Among its proposed actions is the review of the Race Relations (Northern Ireland) Order 1997, and other relevant aspects of legislation. It also raises the question of whether ethnic monitoring should be introduced. The Committee notes that the Strategy commits, inter alia, to: giving stronger protection against racial harassment, including of employees by clients or customers; removing or modifying certain exceptions, including those relating to immigration and the employment of foreign nationals in the civil, diplomatic, armed or security and intelligence services and by certain public bodies; expanding the scope of positive action which employers and service providers can lawfully take in order to promote racial equality; increasing protection under the race equality legislation for individuals against victimization; introducing protection against multiple discrimination; strengthening tribunal powers to ensure effective remedies for complainants bringing racial discrimination complaints; and reviewing the Fair Employment and Treatment (NI) Order 1998, so as to require registered employers to collect monitoring information as regards nationality and ethnic origin of their employees and job applicants. The Committee once again asks 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. It also asks the Government to provide detailed information on the implementation of the Racial Equality Strategy 2015–25 for Northern Ireland.

Enforcement. The Committee notes with interest that the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, which introduced a requirement to pay a fee to initiate proceedings in employment tribunals, has now been revoked and that the number of discrimination claims has begun to increase in consequence. It also notes again that section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA) has repealed 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. In this regard, the Committee recalls, once again, 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 further notes that section 2 of the Deregulation Act 2015 amended section 124 of the Equality Act 2010, removing the employment tribunals’ power to make wider recommendations. The Committee asks the Government, once again, to provide 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 and their rates of success. It further asks the Government to provide information on the impact of the removal of the employment tribunals’ power to make wider recommendations.

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