Belfast city council has been warned it could face legal action over a decision to fly the union flag at major buildings every day of the year, according to a document obtained by the Irish News.
The equality impact assessment paper warns that the current policy "might be held to infringe the concept of a neutral working environment for those who work in the buildings".
Currently the flag flies on a permanent basis at the city hall and on specified days at the Duncrue Complex and the Ulster Hall.
The findings of the document are also expected to have an impact on other councils, including in the neighbouring borough of Castlereagh where the union flag is also flown outside the designated days.
Belfast city council's senior legal counsel delivered an assessment of current practice to councillors last month.
It follows an internal council report in April when the issue was raised at the council's policy and resources committee.
Northern Ireland Office guidelines allow for the flag to be flown from government buildings for a total of 15 days each year.
As a local authority, the council is not subject to the Flags Order as its buildings are not wholly or mainly occupied by members of the civil service.
However, its legal advice states that the provisions of the Fair Employment and Treatment (NI) Order 1998 requires employers to maintain a neutral working environment for staff.
It continues that while "it is unlikely that a tribunal would fault the council if it chose to fly the Union flag on designated flag days... [the] council's motives for going beyond this limited amount of flag flying have not been spelt out.
"No explanation beyond 'custom and practice' has been articulated for the practice of flying the Union flag on the city hall on every day of the year.
"Such a practice is clearly unusual and, in the event of (legal) proceedings, a tribunal would... be likely to seek an explanation from the council for continuing it. It is unlikely that the explanation of 'custom and practice through many years' without more would be regarded as satisfactory."
Senior legal counsel goes on to comment: "[There] is a degree of risk that the flying of the Union flag at the city hall on days other than designated flag days, and at other premises even on designated flag days only might be held to infringe the concept of a neutral working environment for those who work in those buildings".
A majority of political parties on the council support some change to the policy. The council is now to consult on a new draft policy to be contained within its good relations strategy.
