As well as a duty not to discriminate against in respect of religious beliefs, employers have an additional obligation not to discriminate against their workers because of their actual, supposed or absence of political opinion.
Due to the historic situation in Northern Ireland, the law and procedure on political discrimination differs slightly between Northern Ireland and the rest of the UK.
In respect of Northern Ireland it is governed by the Fair Employment and Treatment Order (Northern Ireland) 1998. It makes discrimination on the grounds of religious and/or political beliefs unlawful.
The definition of ‘political opinion’ specifically excludes an opinion which consists of or includes approval or acceptance of the use of violence for political ends connected with the affairs of Northern Ireland, including the use of violence for the purpose of putting the public in fear.
Direct political discrimination
This consists of treating a person on political grounds, less favourably than others are, or would be treated in the same, or similar, circumstances.
An example of this might be where the best candidate at interview was not appointed to a job because they are of the nationalist persuasion and appointing a lesser candidate who is not of the nationalist persuasion instead.
Indirect political discrimination
This consists of applying a requirement or condition which, even without intent, adversely affects considerably more someone of a political group than another and which cannot be justified on non-religious grounds.
An example of this might be where an employer whose workforce is wholly or mainly drawn from one community, restricts a job opportunity solely to internal candidates.
Harassment
An individual may also suffer sectarian harassment in the workplace. It can take subtle or overt forms, for example singing of sectarian songs, sectarian remarks, comments, isolation or non-co-operation, erection of flags, bunting etc. Sectarian harassment is a form of direct discrimination and has the effect of intimidating those who suffer from it. Complaints of sectarian harassment may be made against the employer as well as the harasser.
In certain circumstances, individual employees can be held personally liable to pay compensation awards. Employers may be liable for any sectarian harassment committed by their employees in the course of their employment even if they did not know about the harassment, or would not have approved of it, had they known.
Employers can successfully defend a sectarian harassment case only if they can show they took such steps as were reasonably practicable to prevent the harassment happening.
Victimisation
This means treating someone less favourably than others because they have, for example, complained of alleged discrimination or have assisted someone else to do so.
An example might be where someone is dismissed because they were a witness for a colleague in a fair employment complaint. This dismissal would be discriminatory.
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