The Employment Equality (Age) Regulations (Northern Ireland) 2006

S.R. 2006/261 · Made 13 June 2006 · Extends to Northern Ireland

Contents

1. Part 1: GENERAL
2. 1Citation and commencement
3. 2Interpretation
4. 3Discrimination on grounds of age
5. 4Discrimination by way of victimisation
6. 5Instructions to discriminate
7. 6Harassment on grounds of age
8. Part 2: DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING
9. 7Applicants and employees
10. 8Discrimination by persons with statutory power to select employees for others
11. 9Exception for genuine occupational requirement etc.
12. 10Contract workers
13. 11Meaning of employment and contract work at establishment in Northern Ireland
14. 12Pension schemes
15. 13Office-holders etc.
16. 14Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
17. 15Other police bodies
18. 16Serious Organised Crime Agency
19. 17Barristers
20. 18Partnerships
21. 19Trade organisations
22. 20Qualifications bodies
23. 21The provision of vocational training
24. 22Employment agencies, careers guidance etc.
25. 23Assisting persons to obtain employment etc.
26. 24Institutions of further and higher education
27. 25Relationships which have come to an end
28. Part 3: OTHER UNLAWFUL ACTS
29. 26Liability of employers and principals
30. 27Aiding unlawful acts
31. Part 4: GENERAL EXCEPTIONS FROM PARTS 2 AND 3
32. 28Exception for statutory authority
33. 29Exception for national security etc
34. 30Effect of certificates by Secretary of State
35. 31Exceptions for positive action
36. 32Exception for retirement
37. 33Exception for the national minimum wage
38. 34Exception for provision of certain benefits based on length of service
39. 35Exception for provision of enhanced redundancy payments to employees
40. 36Exception for provision of life assurance cover to retired workers
41. Part 5: FUNCTIONS OF THE EQUALITY COMMISSION
42. 37General duty of Commission
43. 38Research and education
44. 39Codes of practice
45. Part 6: ENFORCEMENT
46. 40Restriction of proceedings for breach of Regulations
47. 41Jurisdiction of industrial tribunals
48. 42Burden of proof: industrial tribunals
49. 43Remedies on complaints in industrial tribunals
50. 44Jurisdiction of county courts
51. 45Burden of proof: county courts
52. 46Help for persons in obtaining information etc.
53. 47Assistance by Commission
54. 48Period within which proceedings to be brought
55. Part 7: SUPPLEMENTAL
56. 49Validity of contracts, collective agreements and rules of undertakings
57. 50Application to the Crown etc.
58. 51Duty to consider working beyond retirement
59. 52Duty to consider working beyond retirement – transitional provisions
60. 53Amendments, transitionals, repeals and revocations
61. Signature
62. Schedule 1: Pension schemes
63. Part 1: Pension schemes - general
64. 1Interpretation
65. 2Non-discrimination rule
66. 3Exception for rules, practices, actions and decisions relating to occupational pension schemes
67. 3AParagraph 3A
68. 4Exception for rules, practices, actions and decisions relating to contributions by employers to personal pension schemes
69. 4AUnlawfulness of rules, practices, actions or decisions relating to Part 2 or 3 of this Schedule
70. 5Procedure in industrial tribunals
71. 6Remedies in industrial tribunals
72. Part 2: Excepted rules, practices, actions and decisions relating to occupational pension schemes
73. 7Admission to schemes
74. 8The use of age criteria in actuarial calculations
75. 9Contributions
76. 10Contributions under money purchase arrangements
77. 11Contributions under defined benefits arrangements
78. 11AParagraph 11A
79. 12Age related rules, practices, actions and decisions relating to benefit
80. 13Age related rules, practices, actions and decisions relating to benefit
81. 13AAge related rules, practices, actions and decisions relating to benefit
82. 13BAge related rules, practices, actions and decisions relating to benefit
83. 14Age related rules, practices, actions and decisions relating to benefit
84. 15Age related rules, practices, actions and decisions relating to benefit
85. 15AAge related rules, practices, actions and decisions relating to benefit
86. 16Age related rules, practices, actions and decisions relating to benefit
87. 17Age related rules, practices, actions and decisions relating to benefit
88. 18Age related rules, practices, actions and decisions relating to benefit
89. 19Other rules, practices, actions and decisions relating to benefit
90. 19AOther rules, practices, actions and decisions relating to benefit
91. 19BOther rules, practices, actions and decisions relating to benefit
92. 20Other rules, practices, actions and decisions relating to benefit
93. 21Other rules, practices, actions and decisions relating to benefit
94. 22Paragraph 22
95. 23Paragraph 23
96. 23AParagraph 23A
97. 24Paragraph 24
98. 25Closure of schemes
99. 25AClosure of sections of schemes
100. 26Other rules, practices, actions and decisions
101. 27Other rules, practices, actions and decisions
102. 28Other rules, practices, actions and decisions
103. 29Other rules, practices, actions and decisions
104. 30Registered pension schemes
105. Part 3: Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes
106. 31Contributions by employers
107. 32Contributions by employers
108. 33Paragraph 33
109. 34Paragraph 34
110. 35Paragraph 35
111. 36Paragraph 36
112. Schedule 2Questionnaire of person aggrieved
113. Schedule 3Reply by respondent
114. Schedule 4: Validity of contracts, collective agreements and rules of undertaking
115. Part 1: Validity and revision of contracts
116. 1Paragraph 1
117. 2Paragraph 2
118. 3Paragraph 3
119. Part 2: Collective agreements and rules of undertakings
120. 4Paragraph 4
121. 5Paragraph 5
122. 6Paragraph 6
123. 7Paragraph 7
124. 8Paragraph 8
125. 9Paragraph 9
126. 10Paragraph 10
127. Schedule 5: Duty to consider working beyond retirement
128. 1Interpretation
129. 2Duty of employer to notify employee
130. 3Duty of employer to notify employee
131. 4Continuing duty to notify employee
132. 5Statutory right to request not to retire
133. 6An employer’s duty to consider a request
134. 7Meeting to consider request
135. 8Appeals
136. 9Right to be accompanied
137. 10Dismissal before request considered
138. 11Complaint to industrial tribunal: failure to comply with paragraph 2
139. 12Complaint to industrial tribunal: denial of right to be accompanied
140. 13Detriment and dismissal
141. Schedule 6: Duty to consider working beyond retirement – transitional provisions
142. 1Paragraph 1
143. 2Paragraph 2
144. 3Paragraph 3
145. 4Paragraph 4
146. 5Paragraph 5
147. 6Paragraph 6
148. Schedule 7: Amendments to legislation and related transitional provisions
149. Part 1: Primary legislation
150. 1The Social Security Contributions and Benefits (Northern Ireland) Act 1992
151. 2The Statutory Sick Pay (Northern Ireland) Order 1994
152. 3The Employment Rights (Northern Ireland) Order 1996
153. 4The Industrial Tribunals (Northern Ireland) Order 1996
154. 5The Fair Employment and Treatment (Northern Ireland) Order 1998
155. 6The Employment (Northern Ireland) Order 2003
156. Part 2: Subordinate legislation
157. 7The Riding Establishments Regulations (Northern Ireland) 1980
158. 8The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982
159. 9The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987
160. 10The Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996
161. 11The Petshops Regulations (Northern Ireland) 2000
162. 12The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002
163. 13The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
164. 14The Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004
165. 15The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005
166. Schedule 8Repeals and revocations
167. Explanatory note