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Equality Commission
FOR NORTHERN IRELAND
Emblems in the workplace
30/08/2011
Article published in The Newsletter, Tuesday 30 August 2011
Bob Collins, Chief Commissioner, Equality Commission NI
It is a fact that the great majority of Northern Ireland’s workplaces have developed into, and been maintained as, shared spaces, welcoming and open to people from all communities and backgrounds. That is a tribute to the many employers who, working alongside the Equality Commission, have striven to create good working environments which are now largely free from overt sectarian “labelling” and where intimidating behaviour is recognised as unacceptable.
One of the key points we make is that having a good and harmonious working environment, as provided for in the Code of Practice, is not necessarily the same thing as a “neutral” one where all expressions of a person’s identity and culture must be sanitised or stripped away.
The Commission’s guidance distinguishes between different kinds of symbols or emblems. Some, which are seen as being directly linked to inter-community conflict in Northern Ireland have the potential to be disruptive or to make those of a different identity feel uncomfortable or unwelcome and are best avoided. Others, although they may be associated primarily with one religion or community, are seen as not directly linked to the inter-community conflict in Northern Ireland and may be regarded as unlikely to create an intimidating or hostile working environment.
The Equality Commission cannot take employers’ decisions for them on these issues. It does not make rulings on what is an acceptable display or what does or does not constitute discrimination under the Fair Employment and Treatment Order – that is a matter for the Fair Employment Tribunal, if a complaint is brought before it.
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This is no small achievement in a society where too many aspects of life are still separated and often contested. It has not been easily arrived at, and maintaining it requires continuing care and sound judgement.
One issue which still causes concern in some workplaces is the acceptability or otherwise of anything, such as personal emblems, badges or branded clothes, which could be regarded as an expression of identity or community background. The Equality Commission has always given advice to employers on these issues and has published guidance based upon the legislation, the Fair Employment Code of Practice, and relevant tribunal and court decisions.
One of the key points we make is that having a good and harmonious working environment, as provided for in the Code of Practice, is not necessarily the same thing as a “neutral” one where all expressions of a person’s identity and culture must be sanitised or stripped away.
The Commission’s guidance distinguishes between different kinds of symbols or emblems. Some, which are seen as being directly linked to inter-community conflict in Northern Ireland have the potential to be disruptive or to make those of a different identity feel uncomfortable or unwelcome and are best avoided. Others, although they may be associated primarily with one religion or community, are seen as not directly linked to the inter-community conflict in Northern Ireland and may be regarded as unlikely to create an intimidating or hostile working environment.
In considering these issues employers need to take into account the context in which any emblem is being worn and the surrounding circumstances of their own workplace. The distinctions which employers have to make are not always easy ones, but people often have a good understanding of whether cultural or religious emblems are being used appropriately or not. Many potentially difficult situations can be pre-empted by having clear policies in place, communicating these to all employees, and by implementing them with a good dose of common sense.
The Equality Commission cannot take employers’ decisions for them on these issues. It does not make rulings on what is an acceptable display or what does or does not constitute discrimination under the Fair Employment and Treatment Order – that is a matter for the Fair Employment Tribunal, if a complaint is brought before it.
We do provide advice to anyone seeking it and our guidance is available on our website at www.equalityni.org. We urge employers to consider our guidance and have policies in place which reflect the law and the Code of Practice.
We also urge all in the community to show sensitivity and mutual respect, both in how they give expression to their own culture and identity and in their response to the proper expression of these by others.
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Telephone: 028 90 500 600 Textphone: 028 90 500 589
Fax: 028 90 248 687 Email: information@equalityni.org
