The Commission contacted the club under its powers to take action directly under Article 29 of the Race Relations Order. Apart from provisions in the Disability Discrimination Act, there are no conciliation or alternative dispute mechanisms in the equality statutes. The bank also entered into a three-year agreement with the Commission to monitor its grant of house loans to its employees. In , the Commission assisted 3, legal complaints and enquiries and also received applications for assistance with cases being taken to the Industrial Tribunal and the County Court. Powers in relation to persistent discrimination The Commission also has powers to seek an injunction restraining someone from acting unlawfully in breach of a non-discrimination notice or within 5 years of a tribunal or court finding of discrimination. Above all else, in a future in which there will be a greater diversity of grounds for complaint of discrimination, it is essential that the basic concept of equality is easily understood. In the period of these developments, political uncertainty has continued in Northern Ireland, leading to the collapse of the political structures set up under the Good Friday Agreement in October
The statutory grounds are: The Commission has issued codes of practice on gender employment and equal pay; it can issue codes of practice on employment and housing in relation to race. The Commissioners' role is to determine the strategic priorities and policies of the Equality Commission, to appoint the Chief Executive and to oversee the work of the Commission and its staff. The codes of practice include practical and other guidance for employers and service providers on the elimination of discrimination and the promotion of equality. Assistance included assistance from in-house legal staff or from private solicitors on the Commission's panel with advice, preparation of cases, advocacy, negotiation and settlement. If there is no agreement, the Commission can issue a non-discrimination notice if it is satisfied that the named person has committed or is committing acts of discrimination. Robins v, Norfill, unreported, Industrial Tribunal, Aware of the impending need to transpose the European Directives into domestic law, the OFMDFM in the Northern Ireland Assembly is considering the development of a single statute to unify anti-discrimination laws. A list of the Commission's codes of practice and related publications is set out below. Other work includes assistance with research on relevant issues, the development of policy on Traveller issues and, in particular, developing through a joint government and non-government Promoting Social Inclusion Working Group, government strategies on accommodation, health and education. It believes that uniting equality rights into one bill will affirm that equality is a fundamental principle of universal relevance. It publishes an annual report of its activities and annual audited accounts. The Powers of the Equality Commission Codes of Practice The Equality Commission has the power to issue codes of practice in a range of areas under the equality statutes. The Commission considers it is both unnecessary and undesirable to maintain separate and different pieces of legislation. The remaining 18 Commissioners commit around 2 days each month to Commission business. Government civil servants, rather than an independent appointment body, conducted the selection procedure. The terms of the Commission's relationship with OFMDFM are set out in an agreed financial memorandum, which establishes internal accounting and auditing controls. It is hoped that the single equality bill will be more clearly orientated towards the promotion of substantive equality and inclusion and have a greater emphasis on equality of outcome. The Commission's hope is that having a clear commitment to strong and effective legislation will assist Northern Ireland to pave the way towards a strong and healthy society that recognises and embraces diversity. The proceedings are to determine that the unlawful act occurred and to obtain an injunction to restrain the party acting unlawfully. Register with the Commission; Prepare and file monitoring returns on applicants, employees and leavers; and Undertake 3-year periodic reviews of the work-force. There are a range of laws that help to promote equality and social justice in Northern Ireland. Investigations are also subject to a time scale. Page 6 of 9 What can be done? The Commission keeps a register of Commissioners' interests and they are expected to declare any interest when participating in decision-making and to withdraw from discussions in order to avoid a conflict of interest. The request generated substantial opposition from the local settled community and the group would have been at an unfair disadvantage in the planning appeal process without the Commission's support. This tangled web of legislative provisions constitutes a significant barrier to the effective enforcement of the legislation.
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Equality legislation during the employment relationship
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