Northern Ireland Statutory Rule SI 1999 Northern Ireland

Fair Employment (Monitoring) Regulations (Northern Ireland) 1999

These Regulations revoke and remake with amendments the provisions of the Fair Employment (Monitoring) Regulations (Northern Ireland) 1989 as amended.

Enforced by
EHRC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 4 of 21 obligations carry an unlimited fine. 1 carries different penalties and 16 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer19 Any Person2

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTION

0 of 4 sections shown
Part 2

MONITORING RETURNS

7 of 11 sections shown
s.005 Prescribed information (opens in a new tab) Regulated
  • Submit monitoring returns with religious and community background dataEmployer
s.007 Period within which prescribed information shall be obtained (opens in a new tab) Regulated
  • Obtain equality monitoring information within specific timeframesEmployer
s.009 Principal method of making a determination in respect of applicants (opens in a new tab) Regulated
  • Determine the religious community of job applicantsEmployer
s.010 Determinations in respect of former employees (opens in a new tab) Regulated
  • Classify former employees by community for monitoring returnsEmployer
s.012 Disclosure to employees (opens in a new tab) Regulated
  • Notify employees of their community background monitoring statusEmployer
s.013 Correcting inaccuracies (opens in a new tab) Regulated
  • Correct employee's community classification when they flag an inaccuracyEmployer
s.014 Directions by the Commission (opens in a new tab) Regulated
  • Comply with monitoring method directions from the CommissionEmployer
4 other sections in this Part — procedural and definitional
Part 3

OBTAINING AND RETAINING MONITORING INFORMATION AND OFFENCES

5 of 6 sections shown
s.016 Confidentiality of monitoring information (opens in a new tab) Prosecution
  • Disclose confidential monitoring informationEmployer

Unlimited fine

s.017 Records about employees and offences in respect of those records (opens in a new tab) Prosecution
  • Fail to retain employee monitoring recordsAny Person

Unlimited fine

s.018 Information about applicants and offences in respect of that information (opens in a new tab) Prosecution
  • Fail to retain applicant data or give false informationEmployer

Unlimited fine

s.019 Offence of employer serving a return not in accordance with Regulations (opens in a new tab) Prosecution
  • Fail to submit a correct monitoring returnEmployer

Fine up to £10,000

s.020 Offence of giving and including in returns false information (opens in a new tab) Prosecution
  • Provide false information on employment monitoring returnAny Person

Unlimited fine

1 other section in this Part — procedural and definitional
Schedules

Schedules

9 of 19 shown
s.sch001 Prescribed Information (opens in a new tab) Regulated
  • Submit annual monitoring returns on workforce community backgroundEmployer
s.sch002 PRINCIPAL METHOD OF DETERMINING THE COMMUNITY TO WHICH EMPLOYEES BELONG (opens in a new tab) Regulated
  • Monitor and record the community background of employees and applicantsEmployer
s.sch002 Where the employer has a written statement made by an... Regulated
  • Honour employee's written statement of community affiliationEmployer
s.sch002 Where the employer does not have such a statement from... Regulated
  • Ask employees in writing about their community backgroundEmployer
s.sch002 Where in response to such a question, the employee makes... Regulated
  • Treat employees as belonging to their declared community for monitoringEmployer
s.sch002 Where the employer has no such statement from the employee... Regulated
  • Do not classify employee's religion if they don't declare itEmployer
s.sch002 (1) The employer shall, in writing, ask each applicant whether... Regulated
  • Ask job applicants about their religious community membershipEmployer
s.sch002 Where in response to the question put to him under... Regulated
  • Treat applicants according to their stated communityEmployer
s.sch002 Where in response to the question asked under paragraph 5,... Regulated
  • Do not assess applicants who refuse to state their religion or say they are neither Protestant nor Roman CatholicEmployer
10 other schedules
s.sch001 In respect of each registered concern, the following information about...
s.sch001 For the purposes of paragraph 2(f) to (h) a person’s...
s.sch001 In respect of each registered concern to which Article 52(3)...
s.sch001 In respect of each registered concern the following information about...
s.sch001 For the purposes of paragraph 5(e) to (g), where an...
s.sch001 In respect of each registered concern to which Article 52(3)...
s.sch001 For the purposes of paragraph 7(g) to (i) a person’s...
s.sch003 For the purposes of regulation 11(1) to (3)—
s.sch003 For the purposes of regulation 11(1)(b) and (2)(b), where any...

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

Connected legislation

The wider family of instruments made under the same parent Act.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.