Identify your fair employment problem
The Fair Employment and Treatment (Northern Ireland) Order 1998 (FETO) imposes unique monitoring obligations on NI employers. If you have received correspondence from the Equality Commission for Northern Ireland (ECNI), missed a deadline, or are unsure whether you are compliant, start here.
Choose your problem:
Not registered with ECNI
Every NI employer with 11 or more employees must register with ECNI. Failure to register is a criminal offence carrying a fine up to level 5 on the standard scale. If you have grown past the threshold without registering, act now.
Fair employment monitoring in Northern Ireland
Full guide to FETO registration, annual monitoring returns, triennial reviews, and ECNI compliance requirements.
Missed annual monitoring return
The monitoring return is due annually based on a 1 January reference date. If you have missed the deadline, submit as soon as possible. Late submission is also a criminal offence, but prompt action demonstrates good faith if ECNI investigates.
Contact ECNI's employer services team to explain the delay and request the current return form. They can advise on the data you need to gather.
Triennial review overdue or incomplete
Employers with 251 or more employees must complete an Article 55 review at least every three years. This review examines whether members of each community enjoy fair participation in employment and whether affirmative action is needed.
If your review is overdue, commission it immediately. ECNI publishes guidance on conducting reviews, including model formats for smaller organisations.
ECNI investigation or direction
If ECNI has opened an investigation into your organisation, take it seriously. ECNI can:
- Require you to provide information and documents
- Issue directions requiring specific actions within set timeframes
- Apply to the Fair Employment Tribunal to enforce directions
- Recommend exclusion from public contracts for persistent non-compliance
Seek legal advice from a solicitor experienced in NI employment law. The Labour Relations Agency can also provide initial guidance.
Unsure which employment law applies in NI
If your business operates in both GB and Northern Ireland, be aware that employment law is devolved. NI has its own tribunal system (Industrial Tribunals, not Employment Tribunals), its own conciliation body (LRA, not ACAS), and separate equality legislation. GB-specific reforms such as the Employment Rights Act 2025 do not automatically extend to NI.
Employment law in Northern Ireland
Overview of how NI employment law differs from GB, including the tribunal system, conciliation through the LRA, and which legislation applies.
Next steps
If you are unsure where to start:
- Check your headcount: If you have 11 or more employees, you must be registered with ECNI
- Contact ECNI: Their employer services team can confirm your registration status and advise on outstanding obligations
- Contact the LRA: Free, confidential advice on NI employment law on 03300 555 300