Employing people in Northern Ireland
- 1 step
Northern Ireland Statutory Rule
1999
Northern Ireland
Fair Employment (Monitoring) Regulations (Northern Ireland) 1999
At a glance
Enforced by
What's here
21 compliance obligations, 1 practical guide · 4 journeys
Penalty landscape
4 of 21 obligations carry an unlimited fine. 1 carries different penalties and 16 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Employer 19
- Any Person 2
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — INTRODUCTION
Browse 4 other sections in this Part — procedural / definitional / commencement
Part II — MONITORING RETURNS
Prescribed information
- Submit monitoring returns with religious and community background data Employer
Period within which prescribed information shall be obtained
- Obtain equality monitoring information within specific timeframes Employer
Principal method of making a determination in respect of applicants
- Determine the religious community of job applicants Employer
Determinations in respect of former employees
- Classify former employees by community for monitoring returns Employer
Disclosure to employees
- Notify employees of their community background monitoring status Employer
Correcting inaccuracies
- Correct employee's community classification when they flag an inaccuracy Employer
Directions by the Commission
- Comply with monitoring method directions from the Commission Employer
Browse 4 other sections in this Part — procedural / definitional / commencement
Part III — OBTAINING AND RETAINING MONITORING INFORMATION AND OFFENCES
Confidentiality of monitoring information
Unlimited fine- Disclose confidential monitoring information Employer
Records about employees and offences in respect of those records
Unlimited fine- Fail to retain employee monitoring records Any Person
Information about applicants and offences in respect of that information
Unlimited fine- Fail to retain applicant data or give false information Employer
Offence of employer serving a return not in accordance with Regulations
Fine up to £10,000- Fail to submit a correct monitoring return Employer
Offence of giving and including in returns false information
Unlimited fine- Provide false information on employment monitoring return Any Person
Browse 1 other section in this Part — procedural / definitional / commencement
Schedules
Prescribed Information
- Submit annual monitoring returns on workforce community background Employer
PRINCIPAL METHOD OF DETERMINING THE COMMUNITY TO WHICH EMPLOYEES BELONG
- Monitor and record the community background of employees and applicants Employer
Where the employer has a written statement made by an...
- Honour employee's written statement of community affiliation Employer
Where the employer does not have such a statement from...
- Ask employees in writing about their community background Employer
Where in response to such a question, the employee makes...
- Treat employees as belonging to their declared community for monitoring Employer
Where the employer has no such statement from the employee...
- Do not classify employee's religion if they don't declare it Employer
(1) The employer shall, in writing, ask each applicant whether...
- Ask job applicants about their religious community membership Employer
Where in response to the question put to him under...
- Treat applicants according to their stated community Employer
Where in response to the question asked under paragraph 5,...
- Do not assess applicants who refuse to state their religion or say they are neither Protestant nor Roman Catholic Employer
Browse 10 other Schedules — structural / supplementary
Residuary Methods of Determining the Community to which Persons belong
In respect of each registered concern, the following information about...
For the purposes of paragraph 2(f) to (h) a person’s...
In respect of each registered concern to which Article 52(3)...
In respect of each registered concern the following information about...
For the purposes of paragraph 5(e) to (g), where an...
In respect of each registered concern to which Article 52(3)...
For the purposes of paragraph 7(g) to (i) a person’s...
For the purposes of regulation 11(1) to (3)—
For the purposes of regulation 11(1)(b) and (2)(b), where any...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Using employment records (opens in a new tab) from ICO Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Equality and Human Rights Commission
Statutory body responsible for enforcing equality and non-discrimination laws. Provides guidance on the Equality Act 2010, conducts inquiries, and can take enforcement …
Connected legislation
parent Act
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Made under
Fair Employment and Treatment (Northern Ireland) Order 1998 1998 Primary Act
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.