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Advice on Non-union Representation in the Workplace

This guide is for employers and non-union workplace representatives. It gives advice on the provision of time off, training and facilities to enable non-union representatives to carry out their duties. It covers statutory and non-statutory representatives.

Fair Employment (School Teachers) Act (Northern Ireland) 2022

This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.

From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.

Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.

This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.

Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.

The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.

Preventing relationship problems

The best way to prevent relationship problems is to have policies and procedures that are fair, constructive and clear and there should be constructive communication to address issues as quickly as possible. We can help you to check if your policies and procedures are in line with best practice.

However, where relationships have been damaged by events in the workplace, the Labour Relations Agency can provide impartial and confidential mediation, conciliation or arbitration support to help resolve the situation.

Informal actions

Whether it’s the employer who needs to raise an issue with an employee, or an employee who would like to make a complaint to their employer, it is useful to consider in the first instance whether an informal approach could be taken to resolve the matter.

Disclosure of information to trade unions for collective bargaining purposes

The Agency has a duty to provide practical guidance on the application of Articles 39 and 40 of the Industrial Relations (Northern Ireland) Order 1992 (“the 1992 Order”) in relation to the disclosure of information by employers to trade unions for the purpose of collective bargaining.