The fair employment system in Northern Ireland is failing to satisfy the victims of discrimination, according to new research by the Policy Studies Institute.

Four out of every ten complaints about religious or political discrimination in the workplace are dropped without reaching resolution and people with experience of the fair employment system are more likely than the general population to think it biased against people of their religion.

Religious and Political Discrimination in the Workplace: seeking justice in Northern Ireland, by Stella Yarrow and Jane Steele, was based on a survey of people who had approached the Fair Employment Commission for advice or registered a complaint with the Fair Employment Tribunal. Overall, 59 per cent of complainants were Catholic and 33 per cent Protestant, roughly inversely to the proportion of Catholics and Protestants in the workforce.

The authors found ‘serious cause for concern’ about the accessibility and effectiveness of the fair employment system and recommend that the Fair Employment Commission must do more to demonstrate that it treats Protestants and Catholics equally.

Among the key findings:

• Overall, 70 per cent of complaints were from people who felt they had been discriminated against by an employer for whom they were already working. A further 27 per cent believed they had been discriminated against when applying for a job

• The most likely outcome for a complaint was for it to be dropped without resolution. This was often because complainants were worried about getting a bad reputation with other employers or were frightened about victimisation at work. Only 16 per cent of cases were resolved through a settlement with an employer and 14 per cent were awaiting a Tribunal hearing.

• Most people had not received an adequate information and advice service. In what the authors describe as ‘major weaknesses in the fair employment machinery’,six out of ten complainants did not feel that they had received good expert advice from the Fair Employment Commission and only about half felt in control of how their affairs were dealt with. Protestants were less likely to be satisfied with the advice they were given than Catholics.

• There were striking differences between the attitudes of complainants and those of the general population towards the fair employment laws. People with experience of the fair employment system were more likely to think it biased than the general public. Only a minority of Protestant complainants believed the fair employment laws treated the two communities equally and Protestant complainants were less likely than other Protestants to think this was the case. Catholic complainants also had less confidence that the system was fair than Catholics in general.

The authors recommend:

• Making free or low cost advice more widely available, either through legal aid or other advice agencies.

• Encouraging a greater use of different options for resolving disputes, such as conciliation services which provide greater anonymity, and other options which reflect complainants’ desire to prevent discrimination rather than simply securing financial compensation.

• More complainants should be given free representation at the Tribunal.

‘This survey reveals significant flaws in the fair employment system’ said Stella Yarrow. ‘These flaws are preventing many victims of discrimination from achieving their aims of getting justice for themselves and stopping employers discriminating against others. The government is currently considering reforms of the fair employment law: this must take into account the views of those who have experienced the system at first hand.’

Contact:	Neil Churchill on 	0171 468 2236 (direct) or
					0171 468 0468 (switchboard)

1. Religious and Political Discrimination in the Workplace is available from Grantham Books on 01476 541 080, priced £13.95.

2. Under the Fair Employment Act 1989, people who believe they have suffered religious or political discrimination at work in Northern Ireland can bring their case to the Fair Employment Tribunal. The Fair Employment Commission is responsible for providing advice to people with complaints.

3. PSI is a registered educational charity (no. 313819) and has no association with any political party, pressure group or commercial interest.

4. The research was sponsored by the Standing Advisory Commission for Human Rights.