Fair Employment and Treatment (Northern Ireland) Order 1998

The Fair Employment and Treatment (Northern Ireland) Order 1998 (FETO) is a piece of legislation enacted by the United Kingdom Parliament that aimed to promote equality of opportunity in employment and prevent discrimination in Northern Ireland. It replaced previous fair employment legislation and significantly broadened its scope.

Key Provisions

The Order prohibits discrimination in employment on the grounds of:

• Religious belief: This includes all faiths and those of no faith.
• Political opinion: Covering a wide range of political affiliations and stances.
• Sexual orientation: Protecting individuals from discrimination based on their sexual preference.
• Race: Encompassing all racial groups and ethnic origins.
• Disability: Offering protection against discrimination related to physical, sensory, mental, or learning impairments.
• Gender: Addressing gender-based discrimination in the workplace.
• Age: Providing legal protection against ageism in employment.
• Marriage and Civil Partnership: Protecting individuals from discrimination based on their marital or civil partnership status.
• Pregnancy and Maternity: Specifically prohibiting discrimination related to pregnancy and maternity leave.

The FETO established the Fair Employment Commission (later renamed the Equality Commission for Northern Ireland) to enforce the Order's provisions. This commission has the power to investigate complaints of discrimination, conduct audits of employers, and take legal action against those found to be in breach of the legislation.

The Order also introduced positive action measures, allowing employers to take steps to address under-representation of particular groups in employment, provided these steps are proportionate and do not involve preferential treatment.

Amendments and Subsequent Legislation

The FETO has been amended and supplemented by subsequent legislation, reflecting evolving societal norms and legal developments. These changes have further strengthened protection against discrimination and expanded the scope of the Order. Significant developments often incorporated into or built upon FETO include equality provisions within the broader legislative landscape of Northern Ireland.

Criticisms and Impact

While the FETO has been largely successful in promoting fair employment practices in Northern Ireland, criticisms have been raised regarding its effectiveness in tackling certain forms of discrimination, particularly in sectors with a history of entrenched inequality. The ongoing work of the Equality Commission for Northern Ireland continues to address these challenges. The overall impact of the Order has been a reduction in overt discrimination but persistent systemic inequalities remain a focus of ongoing efforts.