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Information about applicants and offences in respect of that information
18.
- (1) An employer in a registered concern shall, for the purposes of Article 54(1), seek to obtain from each applicant for employment in the concern, his surname and other names and his address.
(2) An employer in a registered concern shall retain -
(a) any information -
(i) which he has obtained in pursuance of paragraph (1); or
(ii) which he used in applying any of the methods prescribed by these Regulations for making a determination in the case of any applicant for employment in the concern; and
(b) a record of the determination made by him in respect of any such person as is mentioned in sub-paragraph (a)(ii),
until the expiration of three years from the date of the application of the person to whom the information or determination relates.
(3) Any person who without reasonable excuse fails to comply with paragraph (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Any person who -
(a) knowingly gives false information to another who is seeking to obtain information in pursuance of paragraph (1); or
(b) knowingly includes any false information in any records kept in pursuance of paragraph (2)(a),
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence of employer serving a return not in accordance with Regulations
19.
An employer who, without reasonable excuse, serves on the Commission a monitoring return which is not prepared in accordance with these Regulations or does not contain the prescribed information shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £10,000.
Offence of giving and including in returns false information
20.
If a person -
(a) knowingly gives any false information to another who, with a view to including any information on a monitoring return to be served on the Commission, is seeking information; or
(b) without reasonable excuse, knowingly includes any false information in such a monitoring return,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Interpretation of Part III
21.
In this Part -
(a) any reference to an applicant for employment in relation to any registered concern means a person who applied to fill a vacancy for employment in that concern whether or not that person is already an employee in that concern; and
(b) any reference to a former employee in relation to any registered concern means a person who has ceased to be employed in that concern.
Sealed with the Official Seal of the Department of Economic Development on 25th March 1999.
L.S.
G. I. O'Doherty
Assistant Secretary
SCHEDULE 1Regulation 5
Prescribed Information
PART I
INFORMATION ABOUT EMPLOYEES
1.
In respect of each registered concern, the following information about employees is prescribed -
(a) whether the concern is one to which Article 52(3) or (4) has applied at any time since the start of the year;
(b) the address of each premises on or from which, on the date of the monitoring return in question, the activities of the employees of the concern were carried on;
(c) the number of employees who are -
(d) the number of male employees and the number of female employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(e) the number of male employees and the number of female employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic,
under and in accordance with regulation 11(1);
(f) the number of male employees and the number of female employees in the concern who are employed under a contract of apprenticeship whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(g) the number of male employees and the number of female employees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the following major groups of the Standard Occupational Classification published from time to time by the Office of Population Censuses and Surveys that is to say -
Managers and Administrators,
Professional Occupations,
Associate Professional and Technical Occupations,
Clerical and Secretarial Occupations,
Craft and Related Occupations,
Personal and Protective Service Occupations,
Sales Occupations,
Plant and Machine Operatives,
Other Occupations;
(h) the number of male employees and the number of female employees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);
(i) the number of male employees and the number of female employees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);
(j) the number of employees who work sixteen or more hours weekly (hereinafter referred to as "full-time employees") who are -
(k) the number of male full-time employees and the number of female full-time employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(l) the number of male full-time employees and the number of female full-time employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic,
under and in accordance with regulation 11(1);
(m) the number of male full-time employees and the number of female full-time employees who are employed under a contract of apprenticeship whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(n) the number of male full-time employees and the number of female full-time employees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);
(o) the number of male full-time employees and the number of female full-time employees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);
(p) the number of male full-time employees and the number of female full-time employees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);
(q) the number of employees who work less than sixteen hours weekly (hereinafter referred to as "part-time employees") who are -
(r) the number of male part-time employees and the number of female part-time employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(s) the number of male part-time employees and the number of female part-time employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic,
under and in accordance with regulation 11(1);
(t) the number of male part-time employees and the number of female part-time employees in the concern who are employed under a contract of apprenticeship whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(u) the number of male part-time employees and the number of female part-time employees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g);
(v) the number of male part-time employees and the number of female part-time employees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g); and
(w) the number of male part-time employees and the number of female part-time employees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in sub-paragraph (g).
(2) In respect of each registered concern the following information about appointees is prescribed -
(a) the number of appointees who are -
(b) the number of male appointees and the number of female appointees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(c) the number of appointees who commenced employment in the concern under contracts of apprenticeship (hereinafter referred to as "apprentices");
(d) the number of apprentices who are -
(e) the number of male apprentices and the number of female apprentices whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(f) the number of male appointees (other than apprentices), the number of male apprentices, the number of female appointees (other than apprentices) and the number of female apprentices whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);
(g) the number of male appointees (other than apprentices), the number of male apprentices, the number of female appointees (other than apprentices) and the number of female apprentices whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and
(h) the number of male appointees (other than apprentices), the number of male apprentices, the number of female appointees (other than apprentices) and the number of female apprentices whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).
3.
For the purposes of paragraph 2(f) to (h) a person's employment shall be taken to be that in which he commenced employment in the concern.
PART II
INFORMATION ABOUT PROMOTEES
4.
In respect of each registered concern to which Article 52(3) or (4) applies, the following information about promotees is prescribed -
(a) the total number of promotees;
(b) the number of promotees who are -
(c) the number of male promotees and the number of female promotees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(d) the number of male promotees and the number of female promotees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
under and in accordance with regulation 11(1);
(e) the number of male promotees and the number of female promotees whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment immediately following promotion is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);
(f) the number of male promotees and the number of female promotees whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment immediately following promotion is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and
(g) the number of male promotees and the number of female promotees whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment immediately following promotion is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).
PART III
INFORMATION ABOUT APPLICANTS FOR EMPLOYMENT
5.
In respect of each registered concern the following information about applicants for employment is prescribed -
(a) the total number of applicants for employment in the concern;
(b) the number of applicants for employment who are -
(c) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(d) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic,
under and in accordance with regulation 11(2);
(e) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated as Protestant under and in accordance with these Regulations and who have applied for vacancies classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);
(f) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated as Roman Catholic under and in accordance with these Regulations and who have applied for vacancies classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and
(g) the number of male applicants for employment and the number of female applicants for employment whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and who have applied for vacancies classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).
6.
For the purposes of paragraph 5(e) to (g), where an applicant for employment applies for more than one vacancy in a registered concern, the vacancy for which he applied shall be taken to be the first vacancy for which he applied in the period to which information about such an applicant must relate by virtue of regulation 6(3).
PART IV
INFORMATION ABOUT FORMER EMPLOYEES
7.
In respect of each registered concern to which Article 52(3) or (4) applies, the following information about former employees is prescribed -
(a) the total number of former employees of the concern;
(b) the number of former employees who are -
(c) the number of male former employees and the number of female former employees whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(d) the number of former employees who immediately before they ceased to be employed in the concern, were employed under a contract of apprenticeship. (hereinafter referred to as "former apprentices");
(e) the number of former apprentices who were -
(f) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated -
(i) as Protestant;
(ii) as Roman Catholic;
(iii) as if the community to which they belong cannot be determined,
under and in accordance with these Regulations;
(g) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated as Protestant under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g);
(h) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated as Roman Catholic under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g); and
(i) the number of male former employees (other than former apprentices), the number of male former apprentices, the number of female former employees (other than former apprentices) and the number of female former apprentices whom the employer has treated as if the community to which they belong cannot be determined under and in accordance with these Regulations and whose employment is classified under each of the major groups of the Standard Occupational Classification referred to in paragraph 1(g).
8.
For the purposes of paragraph 7(g) to (i) a person's employment shall be taken to be that on his last day of employment in the concern.
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