OpenLegislation

Fair Employment (Northern Ireland) Act 1989 (repealed 1.3.1999) in England

1989 c. 32 · Enacted 27 July 1989 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 March 1999.

Annotations to the whole text

Textual amendments

F1

Act repealed (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(4), Sch. 5 (subject to savings in art. 105(2), Sch. 4 para. 6); S.R. 1999/81, art. 3(1)

Contents

  1. Part I: The Fair Employment Commission, the Fair Employment Tribunal and the functions of the Commission and the Tribunal
  2. 5Tribunal procedure.
  3. Code of practice
  4. 9Approval of code.
  5. Identification of patterns and trends of employment, etc.
  6. Part IV: Miscellaneous and General
  7. 57Regulations and orders.
  8. 59Minor and consequential amendments and repeals.
  9. 60Citation, commencement and extent.
  10. Schedule 1: Conduct of investigations by the Commission
  11. Preliminary
  12. 1Paragraph 1
  13. Schedule 2: Minor and consequential amendments
  14. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (c.7 (N.I.))
  15. 1Paragraph 1
  16. The Northern Ireland Constitution Act 1973 (c.36)
  17. 2Paragraph 2
  18. The House of Commons Disqualification Act 1975 (c.24)
  19. 3Paragraph 3
  20. The Northern Ireland Assembly Disqualification Act 1975 (c.25)
  21. 4Paragraph 4
  22. The Fair Employment (Northern Ireland) Act 1976 (c.25)
  23. 5Paragraph 5
  24. 6Paragraph 6
  25. 7Paragraph 7
  26. 8Paragraph 8
  27. 9Paragraph 9
  28. 10Paragraph 10
  29. 11Paragraph 11
  30. 12Paragraph 12
  31. 13Paragraph 13
  32. 14Paragraph 14
  33. 15Paragraph 15
  34. 16Paragraph 16
  35. 17Paragraph 17
  36. 18Paragraph 18
  37. 19Paragraph 19
  38. 20Paragraph 20
  39. 21Paragraph 21
  40. 22Paragraph 22
  41. 23Paragraph 23
  42. 24Paragraph 24
  43. 25Paragraph 25
  44. 26Paragraph 26
  45. 27Paragraph 27
  46. 28Paragraph 28
  47. The Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042(N.I.15))
  48. 29Paragraph 29
  49. 30Paragraph 30
  50. The Industrial Relations (Northern Ireland) Order 1976 (S.I.1976/1043 (N.I.16))
  51. 31Paragraph 31
  52. 32Paragraph 32
  53. 33Paragraph 33
  54. Schedule 3Repeals

5Tribunal procedure.

(1)

The Department may by regulations make such provision as appears to it to be necessary or expedient with respect to proceedings before the Tribunal.

(2)

The regulations may in particular include provision—

(a)

for determining by which tribunal any appeal, question or complaint is to be determined where the jurisdiction of the Tribunal is being exercised by more than one tribunal,

(b)

for parties to proceedings to be represented by such persons as may be determined by or under the regulations,

(c)

for requiring persons to attend to give evidence and produce documents,

(d)

as to the admissibility of evidence,

(e)

for authorising the administration of oaths to witnesses,

(f)

for granting to any person such discovery or inspection of documents or right to further particulars as might be granted by a county court,

(g)

for enabling an officer of the Tribunal to determine matters arising prior to a hearing,

(h)

prescribing forms to be completed by the parties to a complaint under Part III of the M1Fair Employment (Northern Ireland) Act 1976 before any hearing before the Tribunal,

(j)

for enabling the Tribunal to review its decisions, and revoke or vary its orders or awards, in such circumstances as may be determined in accordance with the regulations,

(k)

for the award of costs or expenses,

(l)

for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court), and

(m)

for the registration and proof of determinations of the Tribunal.

(3)

The Tribunal shall give reasons for its decisions.

(4)

In relation to proceedings on a complaint under Part III of the M2Fair Employment Northern Ireland) Act 1976, the regulations shall include provision for postponing the hearing of a complaint for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the complaint to be settled by way of conciliation and withdrawn.

(5)

Without prejudice to subsection (1) above, the regulations may enable the Tribunal to sit in private for the purposes of—

(a)

hearing evidence which in the opinion of the Tribunal relates to matters of such a nature that it would be against the interests of national security, public safety or public order to allow the evidence to be given in public,

(b)

hearing evidence from any person which in the opinion of the Tribunal is likely to consist of —

(i)

information which he could not disclose without contravening a prohibition imposed by or under any enactment,

(ii)

information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person,

(iii)

information the disclosure of which would cause substantial injury to any undertaking of his or in which he works, or

(iv)

information the disclosure of which would create a substantial risk that he or another individual would be subject to physical attack or sectarian harassment.

(6)

The regulations may include provision authorising or requiring the Tribunal, in circumstances specified in the regulations, to send notice or a copy of any document so specified relating to any proceedings before the Tribunal, or of any decision, order or award of the Tribunal, to any person or body so specified.

(7)

F1Part I of the Arbitration Act 1996 does not apply to any proceedings before the Tribunal.

(8)

Any person who without reasonable excuse fails to comply with—

(a)

any requirement imposed by the regulations by virtue of subsection (2)(c) above, or

(b)

any requirement with respect to the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(f) above,

is guilty of an offence.

(9)

A person guilty of an offence under subsection (8) above—

(a)

is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and

(b)

if without reasonable excuse the failure continues after conviction, is liable on a second or subsequent summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.

(10)

Where the Tribunal sits in private in accordance with any provision included in the regulations by virtue of subsection (5) above, the Tribunal may make an order prohibiting the disclosure of specified information, except so far as the disclosure is necessary—

(a)

for the purposes of the proceedings,

(b)

for communicating to any person the decision of the Tribunal in the proceedings and for communicating the reasons for the decision to any person to whom the Tribunal is required by the regulations to communicate them, or

(c)

for the purposes of any criminal proceedings or to comply with the order of a court.

(11)

If a person discloses any information in contravention of an order of the Tribunal under subsection (10) above, he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

9Approval of code.

(1)

This section applies where the Commission determines to proceed with the revision of the code of practice after publishing a draft under section 8(4) of this Act.

(2)

The Commission shall send a draft of the revised code to the head of the Department or, if no head of the Department stands appointed for the time being, to the Secretary of State.

(3)

Where the draft of the revised code is sent to the head of the Department, he shall—

(a)

if he approves of it, lay it before the Northern Ireland Assembly, and

(b)

if he does not approve of it, publish details of his reasons.

(4)

If, within the period of forty days beginning with the day on which the draft of the revised code is laid before the Assembly, the Assembly so resolves, no further proceedings shall be taken on it, but without prejudice to the laying before the Assembly of a new draft.

(5)

Section 41(3) of the M1Interpretation Act (Northern Ireland) 1954 (laying of statutory documents) shall have effect as if the draft of the revised code required to be so laid were a statutory document (within the meaning of that Act) required under a Measure of the Assembly to be laid before the Assembly.

(6)

In reckoning the period of forty days referred to in subsection (4) above, no account shall be taken of any period during which the Assembly is dissolved by virtue of section 27(2) of the M2Northern Ireland Constitution Act 1973 or is prorogued or adjourned for more than four days.

(7)

Where the draft of the revised code is sent to the Secretary of State he shall—

(a)

if he approves of it, lay it before Parliament, and

(b)

if he does not approve of it, publish details of his reasons.

(8)

If, within the period of forty days beginning with the day on which the draft of the revised code is laid before each House of Parliament or, if the draft is laid on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken on it, but without prejudice to the laying before Parliament of a new draft.

(9)

In reckoning the period of forty days referred to in subsection (8) above, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10)

If no such resolution is passed as is referred to in subsection (4) or (8) above, the Commission shall issue the code in the form of the draft and the code shall come into effect on such day as the Department may by order appoint.

57Regulations and orders.

(1)

The power to make—

(a)

regulations under section 2(1), 5, 23(8), 28 or 29 of this Act, or

(b)

an order under section 9(10), 17(6), 25, 41(3) or 47(2) of this Act,

shall be exercisable by statutory rule, for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979.

(2)

No regulations under section 23(8), 28 or 29 of this Act or order under section 47(2) of this Act shall be made unless a draft of the regulations or order has been laid before and approved by the Northern Ireland Assembly.

(3)

A statutory rule containing regulations under section 2(1) or 5 of this Act or an order under section 17(6), 25 or 41(3) of this Act shall be subject to negative resolution; and section 41(6) of the M2Interpretation Act (Northern Ireland) 1954 (meaning of “subject to negative resolution”) shall apply as if the power to make the regulations or order were conferred by a Measure of the Northern Ireland Assembly.

59Minor and consequential amendments and repeals.

(1)

The minor and consequential amendments in Schedule 2 to this Act have effect.

(2)

The enactments specified in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.

60Citation, commencement and extent.

(1)

This Act may be cited as the Fair Employment (Northern Ireland) Act 1989; and this Act and the Fair Employment (Northern Ireland) Act 1976 may together be cited as the Fair Employment (Northern Ireland) Acts.

C1(2)

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3)

This Act extends to Northern Ireland only, except so far as it—

(a)

affects enactments extending to the United Kingdom, or

(b)

relates to the application, by virtue of regulations under section 5 of this Act or by virtue of paragraph 7 of Schedule 1 to this Act, of any enactment so extending.

1

In this Schedule “the investigation” means an investigation under section 11 of this Act or under section 38 of the M1Fair Employment (Northern Ireland) Act 1976 (investigations for purposes of review of exception of school teachers).

1

In section 2(1) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 for paragraph (b) there is substituted—

“(b)

the holder of any of the following offices who is remunerated, apart from any allowances, on an annual basis, that is to say—

(i)

President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal; and

(ii)

member of a panel of chairmen established by regulations under Article 30 of the Industrial Training (Northern Ireland) Order 1984 or appointed under section 3(1)(c) of the Fair Employment (Northern Ireland) Act 1989;”.

2

In section 20(2)(dd) of the Northern Ireland Constitution Act 1973 for “Agency” there is substituted “ Commission ”.

3

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 the entries relating to the Fair Employment Agency for Northern Ireland and the Fair Employment Appeals Board are omitted and there are inserted at the appropriate places “ The Fair Employment Commission for Northern Ireland ” and “ The Fair Employment Tribunal for Northern Ireland ”.

4

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 the entries relating to the Fair Employment Agency for Northern Ireland and the Fair Employment Appeals Board are omitted and there are inserted at the appropriate places “ The Fair Employment Commission for Northern Ireland ” and “ The Fair Employment Tribunal for Northern Ireland ”.

5

In section 1 of the Fair Employment (Northern Ireland) Act 1976 for “Agency”, wherever occurring, there is substituted “ Commission ”.

6

In section 2 of that Act—

(a)

for “Agency”, wherever occurring, there is substituted “ Commission ”, and

(b)

in subsection (1)(e), for “Schedule 5, paragraph 12(4)” there is substituted “ section 19(1) of the Fair Employment (Northern Ireland) Act 1989 ”.

7

In section 16(3) of that Act—

(a)

in paragraph (b) for “this Act” there is substituted “ the Fair Employment (Northern Ireland) Acts ”, and

(b)

in paragraphs (c) and (d) for “this Act” there is substituted “ those Acts ”.

8

In section 37 of that Act—

(a)

in subsection (1) for “Parts II to IV” there is substituted “ Parts III and IV and the Fair Employment (Northern Ireland) Act 1989 ”, and

(b)

in subsection (2) for “Part II” there is substituted “ The Fair Employment (Northern Ireland) Act 1989 ”.

9

In section 38 of that Act—

(a)

for “Agency”, wherever it occurs in subsections (1), (2) and (3), there is substituted “ Commission ”, and

(b)

in subsection (4) for “Schedule 5” there is substituted “ Schedule 1 to the Fair Employment (Northern Ireland) Act 1989 ”.

10

In sections 39(1)(b) and 40(1) of that Act for “this Act” there is substituted “ the Fair Employment (Northern Ireland) Acts ”.

11

In section 41(1) of that Act for “this Act”, where it first occurs, there is substituted “ the Fair Employment (Northern Ireland) Acts ”.

12

In section 42(1) of that Act for “This Act” there is substituted “ The Fair Employment (Northern Ireland) Acts ”.

13

(1)

Section 49 of that Act is amended as follows.

(2)

In subsections (1) and (2) for “this Act” there is substituted “ the Fair Employment (Northern Ireland) Acts ”.

(3)

In subsection (4) for “this Act is” there is substituted “ the Fair Employment (Northern Ireland) Acts are ”.

(4)

Subsection (7) is omitted.

(5)

In subsection (9) for “this Act” there is substituted “ the Fair Employment (Northern Ireland) Acts ”.

(6)

After subsection (9) there is inserted—

“(10)

In the application of subsections (1) to (6) for the purposes of Part II of the Fair Employment (Northern Ireland) Act 1989, references to employment are references to employment within the meaning of that Part.”

14

In section 50 of that Act, in subsections (1) and (2) after “this Act” there is inserted “ and Part I of the Fair Employment (Northern Ireland) Act 1989 ”.

15

In section 51 of that Act—

(a)

for “section 30”, in both places where it occurs, there is substituted “ section 24 ”, and

(b)

paragraph (a) and the word “and” immediately following it are omitted.

16

(1)

Section 52 of that Act is amended as follows.

(2)

In subsections (1) and (2) for “this Act” there is substituted “ the Fair Employment (Northern Ireland) Acts ”.

(3)

In subsection (5)—

(a)

for the words from “the Agency or” to “purposes of the Appeals Board” there is substituted “ the Commission or the Tribunal ”, and

(b)

for paragraph (a) there is substituted—

“(a)

for the purpose of communicating in accordance with the provisions of the Fair Employment (Northern Ireland) Acts the Tribunal’s decision on an appeal and the reasons for it;”.

17

(1)

Section 53 of that Act is amended as follows.

(2)

In subsection (1) after “this Act” there is inserted “ and Part I of the Fair Employment (Northern Ireland) Act 1989 ”.

(3)

In subsection (2)(a)—

(a)

after “this Act”, where it first occurs, there is inserted “ or Part I of the Fair Employment (Northern Ireland) Act 1989 ”, and

(b)

for the words from “this Act”, in the second place where it occurs, to “paragraph 11” there is substituted “ that Part so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 1 to that Act ”.

(4)

In subsection (3) after “this Act” there is inserted “ or Part I of the Fair Employment (Northern Ireland) Act 1989 ”.

(5)

In subsection (4)—

(a)

“investigation or” is omitted, and

(b)

after “this Act” there is inserted “ or Part I of the Fair Employment (Northern Ireland) Act 1989 ”.

18

(1)

Section 54 of that Act is amended as follows.

(2)

In subsection (1)—

(a)

for the words from “section 12” to “opportunity” there is substituted “ section 11 of the Fair Employment (Northern Ireland) Act 1989, the Commission is of the opinion that action for promoting equality of opportunity ought to be taken ”, and

(b)

for “section 13(2) to (8) and sections 14 and 15” there is substituted “ sections 12(3), 14, 15 and 16 of that Act ”.

(3)

In subsection (2) for “section 13(1)(b)” there is substituted “ section 12(2)(b) of the Fair Employment (Northern Ireland) Act 1989 ”.

(4)

In subsection (4) for the words from the beginning to “Assembly” there is substituted “ If a report is required by subsections (2) and (3) to be sent to the head of a Northern Ireland department and laid before the Northern Ireland Assembly at a time when no such head stands appointed, the report ”.

19

In section 55(1) of that Act for “this Act” there is substituted “ the Fair Employment (Northern Ireland) Acts ”.

20

In section 56 of that Act—

(a)

in subsection (2), for “an order under section” there is substituted “ regulations under section 28 or an order under section 26(9) or ”; and

(b)

in subsection (3)(c) for “Agency” there is substituted “ Commission ”.

21

In section 57(1) of that Act—

(a)

after the definition of “advertisement” there is inserted—

““affirmative action” has the meaning given by section 58 of the Fair Employment (Northern Ireland) Act 1989;”,

(b)

after the definition of “benefits” there is inserted—

““the Commission” means the Fair Employment Commission for Northern Ireland;”,

(c)

in the definition of “complaint”, for “Agency” there is substituted “ Tribunal ”,

(d)

in the definition of “equality of opportunity” for “section 3” there is substituted “ section 20 of the Fair Employment (Northern Ireland) Act 1989 ”,

(e)

in the definition of “training”—

(i)

for “sections 3(3)(b)(ii), 12(1)(b)(v) and 22” there is substituted “ section 22 of this Act and sections 11(1)(e) and 20(4)(b)(ii) of the Fair Employment (Northern Ireland) Act 1989 ”, and

(ii)

for “education in” there is substituted “ education provided by ”, and

(f)

after the definition of “training” there is inserted—

““the Tribunal” means the Fair Employment Tribunal for Northern Ireland;”.

22

In Schedule 1 to that Act for paragraph 1 there is substituted—

“1.

The Commission shall continue in existence as a body corporate.”

23

In Schedule 1 to that Act for “Agency” wherever it occurs in paragraphs 2 to 9, 10(1) and (2), 11 and 12, 13(1) to (5) and 14(1) and (2) there is substituted “Commission”.

24

In paragraph 6(1) of Schedule 1 to that Act for “Schedule 5” there is substituted “Schedule 1 to the Fair Employment (Northern Ireland) Act 1989”.

25

In paragraph 10(1) of Schedule 1 to that Act for the words from “in relation to” to the end of paragraph (b) there is substituted “in relation to any matter or class of matters falling to be dealt with by it”.

26

In paragraph 11 of Schedule 1 to that Act the words “complaint or other” are omitted.

27

In paragraph 13 of Schedule 1 to that Act—

(a)

in sub-paragraph (1) for the words from “the period” to “each subsequent” there is substituted “each”, and

(b)

in sub-paragraph (6) for “During the interim period” there is substituted “If no head of the Department stands appointed for the time being”.

28

In paragraph 14 of Schedule 1 to that Act—

(a)

in sub-paragraph (1) for the words from “the period” to “each subsequent” there is substituted “each”, and

(b)

in sub-paragraph (4) for “During the interim period” there is substituted “If no head of the Department stands appointed for the time being”.

29

At end of Article 49 of the Sex Discrimination (Northern Ireland) Order 1976 there is added—

“(4)

Any act which by virtue of this Article or Article 48 could not be unlawful under Parts III to V (or, in the case of an act falling within paragraph (3), under Article 15) is not by virtue of section 16(2)(b) of the Fair Employment (Northern Ireland) Act 1976 (indirect discrimination on the grounds of religious belief or political opinion) unlawful under any provision of Parts III and IV of that Act.”

30

At the end of Article 63 of that Order there is added—

“(3)

Where a complaint is presented to an industrial tribunal under paragraph (1) and it appears to the tribunal that the act to which the complaint relates is one in respect of which (as being unlawful discrimination within the meaning of the Fair Employment (Northern Ireland) Act 1976)—

(a)

a complaint could be made to the Fair Employment Tribunal for Northern Ireland under Part III of that Act; or

(b)

such a complaint has been made, but the proceedings under that Act have not been disposed of,

the tribunal shall not proceed further under this Order in relation to the complaint unless all proceedings which can be taken under that Act in respect of the act have been disposed of.”

31

In Article 29(2)(a) of the Industrial Relations (Northern Ireland) Order 1976 for “Agency” there is substituted “Tribunal”.

32

In Article 32(3) of that Order at the end there is added—

“(c)

a dismissal which is an act of discrimination (within the meaning of the Fair Employment (Northern Ireland) Act 1976) which is unlawful by virtue of Part III of that Act.”.

33

In Article 38(2) of that Order for “court” there is substituted “the Fair Employment Tribunal for Northern Ireland”.

Schedule 3Repeals

1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part II, the entries relating to the Fair Employment Agency for Northern Ireland and the Fair Employment Appeals Board.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part II, the entries relating to the Fair Employment Agency for Northern Ireland and the Fair Employment Appeals Board.
1976 c. 25.The Fair Employment (Northern Ireland) Act 1976.Sections 3 to 15.
Section 37(4).
Sections 43 to 48.
Section 49(7).
In section 51, paragraph (a) and the word “and” immediately following it.
In section 53(4), the words “investigation or”.
In section 57(1), the definitions of “the Agency”, “the Appeals Board” and “the commencement of this Act”, in the definition of “complainant” the words from “or, in relation to” onwards, the definitions of “the county court”, “the Declaration of Principle and Intent”, “finding”, “the injured person”, “the interim period”, “the person oncerned”, “the register” and “satisfactory”.
Section 57(4).
Section 57(9) and (10).
In section 59(2), the words from “or to” to “United Kingdom”.
Section 59(6).
In Schedule 1, in paragraph 11, the words “complaint or other” and in paragraph 14(1) the words “period or”.
Schedules 2 to 5.
1976 c. 25.—continuedThe Fair Employment (Northern Ireland) Act 1976.—continuedIn Schedule 6, paragraphs 3 and 4.
S.I. 1980/397 (N.I. 3).The County Courts (Northern Ireland) Order 1980.In Schedule 1, in Part II, the entries relating to the Fair Employment (Northern Ireland) Act 1976.