The Fair Employment and Treatment (Northern Ireland) Order 1998

School teachers N.I.

71.— [F1 (1)  Subject to paragraph (2)—

(a) Part VII does not apply to or in relation to employment as a teacher in a school; and

(b) the other provisions of this Order do not apply to or in relation to the recruitment of a person as a teacher in a school.]

[F1 (1A) For the purposes of paragraph (1)(b) “recruitment” means any step in the process of engagement of a person for employment up to the commencement of the employment.]

(2) The Commission shall keep under review the[F1 exceptions] contained in paragraph (1) with a view to considering whether, in the opinion of the Commission, it is appropriate that any steps should be taken to further equality of opportunity in the employment of teachers in schools.

(3) For the purpose of assisting it in the discharge of its duty under paragraph (2), the Commission may conduct investigations—

(a) into the composition, by reference to religious beliefs, of the staff employed as teachers, or teachers of any class, in schools generally, schools of any class or particular schools; and

(b) into practices—

(i) affecting the recruitment or access to benefits of, or the terms of employment applicable to, such staff; or

(ii) involving any detriment to such staff,

including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the staff at that time.

(4) The Commission may, and shall whenever the Department so directs, report to the Department upon the exercise of its functions under this Article; and a report under this paragraph may make recommendations as to any action which the Commission considers ought to be taken to further equality of opportunity in the employment of teachers, or teachers of any class, in schools, or in schools of any class (including action by way of the exercise of the power conferred by paragraph (6) to remove or limit the[F1 exceptions] contained in paragraph (1)).

(5) Schedule 2 shall have effect with respect to the conduct of investigations under this Article.

(6) The Department may by order provide that[F1 paragraph (1)(a) or (b) or both]

(a) shall cease to have effect; or

(b) shall, on and after such day or days as may be specified in the order, have effect only in relation to particular classes of teachers or particular classes of schools or for particular purposes of this Order.

F1 SR 2003/520