Regulation 44 Jurisdiction of county courtsI1
Northern Ireland
A claim by any person (“the claimant”) that another person (“the respondent”)—
has committed against the claimant an act to which this regulation applies; or
is by virtue of regulation 26 (liability of employers and principals) or regulation 27 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
Proceedings brought under paragraph (1) shall be brought only in a county court.
For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
This regulation applies to any act of discrimination or harassment which is unlawful by virtue of —
regulation 24 (institutions of further and higher education); or
where the act arises out of and is closely connected to a relationship between the claimant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the claimant by the respondent would have been unlawful by virtue of regulation 25 (relationships which have come to an end).
In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before F1the date on which the act of discrimination or harassment became unlawful by virtue of these Regulations , reference to an act of discrimination or harassment which would, after that date, have been unlawful.
Annotations
Textual amendments
- F1
Words in reg. 44(5) substituted (30.9.2006) by The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/395), regs. 1(1), 2(4)