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The Fair Employment and Treatment (Northern Ireland) Order 1998

1998/3162 · Made 16 December 1998 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 12 May 2022.

16th December 1998 F1C1C2

Annotations to the whole text

Textual amendments

F1

functions transf. by SR 1999/481

Modifications

C1

Order: functions of Lord Chancellor transferred to Department of Justice (except functions which are transferred by virtue of paragraph 32 of Schedule 4 to the Northern Ireland Act 2009) (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 50 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)

C2

Order (except Pt. 7) applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(d); S.I. 2013/1682, art. 3(k)

Contents

  1. Part I: INTRODUCTORY
  2. Title and commencement
  3. 1Title and commencement
  4. Interpretation
  5. 2General interpretation
  6. 3“Discrimination” and “unlawful discrimination”
  7. 3A“Harassment” and “unlawful harassment”
  8. 4“Affirmative action”
  9. 5“Equality of opportunity”
  10. 6“Employment in Northern Ireland” and “occupation in Northern Ireland”
  11. Part II: FUNCTIONS OF THE EQUALITY COMMISSION
  12. Principal functions of Commission
  13. 7General duty of Commission
  14. 8Educational and advisory functions
  15. 9Codes of practice
  16. 10Identification of patterns and trends of employment, etc.
  17. 11Investigation of practices
  18. Undertakings or directions for promoting equality of opportunity
  19. 12Undertaking following investigation under Article 11
  20. 13Voluntary undertakings
  21. 14Directions under Articles 12 and 13
  22. Appeals and legal proceedings in relation to undertakings and directions
  23. 15Appeal to Tribunal against directions under Article 12 or 13
  24. 16Order of Tribunal to enforce undertaking or directions
  25. 17Failure to comply with order of Tribunal
  26. Restriction on disclosure of information
  27. 18Restriction on disclosure of information
  28. Part III: DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD
  29. Discrimination and harassment in the employment field
  30. 19. . . applicants and employees
  31. 20. . . contract workers
  32. 20AOffice-holders etc.
  33. 21. . . persons with statutory power to select employees for others
  34. 22. . . employment agencies
  35. 23Vocational organisations
  36. 24. . . persons providing training services
  37. 24AAssisting persons to obtain employment etc.
  38. 25. . . persons with power to confer qualifications
  39. 25ATrustees and managers of occupational pension schemes
  40. Discrimination by partnerships
  41. 26. . . partnerships
  42. Part IV: DISCRIMINATION AND HARASSMENT IN OTHER FIELDS
  43. Further and higher education
  44. 27. . . bodies in charge of further and higher educational establishments
  45. Goods, facilities, services and premises
  46. 28Discrimination in provision of goods, facilities or services
  47. 29Discrimination in disposal or management of premises
  48. 30Exception from Articles 28(1) and 29; small dwellings
  49. 31Further exceptions from Articles 28(1) and 29
  50. Barristers
  51. 32. . . barristers
  52. Extent
  53. 33Extent of Part IV
  54. Part V: OTHER UNLAWFUL ACTS
  55. 33ARelationships which have come to an end
  56. 34Discriminatory advertisements
  57. 35Accessories and incitement
  58. 36Liability of employers and principals
  59. Part VI: ENFORCEMENT OF PARTS III TO V
  60. General
  61. 37Restriction on proceedings for breach of this Order
  62. Enforcement of Part III
  63. 38Complaint to Tribunal
  64. 38ABurden of proof: Tribunal
  65. 39Remedies on complaint under Article 38
  66. Enforcement of Part IV
  67. 40Claims under Part IV
  68. 40ABurden of proof: county court
  69. Other enforcement by Commission
  70. 41Persistent discrimination
  71. 42Enforcement of Article 34
  72. 43Undertakings by persons contravening Part IV
  73. Help for persons suffering discrimination
  74. 44Help for aggrieved persons in obtaining information, etc.
  75. 45Advice and assistance from Commission
  76. Period within which proceedings must be brought
  77. 46Period within which proceedings must be brought
  78. 46AExtension of time limits: mediation Repealed
  79. 46BExtension of time limit to allow conciliation
  80. Part VII: DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES
  81. Registration
  82. 47The register of concerns in which people are employed
  83. 48Employers to apply for registration
  84. 49Rectification of the register
  85. Public authorities
  86. 50Power to specify public authorities by order
  87. 51Certain public authorities to be treated as employers
  88. Monitoring the workforce
  89. 52Monitoring returns
  90. 53Regulations as to monitoring
  91. 54Monitoring applicants
  92. Review of recruitment, training and promotion practices
  93. 55Periodic reviews by employers
  94. Enquiries, undertakings and directions
  95. 56Enquiries by the Commission
  96. 57Undertakings in connection with monitoring and reviews
  97. 58Directions
  98. 59Application of Articles 15 to 17
  99. Goals and timetables
  100. 60Notices about goals and timetables
  101. 61Power to secure further undertakings or issue further directions
  102. Employers in default and connected persons: restrictions on dealing with them or giving them financial assistance
  103. 62Employers in default: notice stating they are not qualified
  104. 63Notice stating that connected and other persons are not qualified
  105. 64Restriction on execution of works, etc. by unqualified persons
  106. 65Enforcement at instance of Commission and actions for breach of duty
  107. 66Denial of financial assistance to unqualified persons
  108. General
  109. 67Additional powers of Commission to obtain information
  110. 68Procedure in case of default by Crown bodies
  111. 69Interpretation of this Part
  112. Part VIII: EXCEPTIONS
  113. 70Excepted employments, etc.
  114. 71School teachers Repealed
  115. 71AThe police and the police support staff
  116. 72Provision of training in pursuance of affirmative action
  117. 73Redundancy
  118. 74Measures to encourage applications, etc. from under-represented community
  119. 75Selection of unemployed persons
  120. 76Religion specific training
  121. 77Charities
  122. 78Acts done under statutory authority
  123. 79Acts safeguarding national security, etc.
  124. 80Effect of certificates by Secretary of State
  125. Part IX: THE FAIR EMPLOYMENT TRIBUNAL
  126. Constitution
  127. 81The Fair Employment Tribunal
  128. 82President, Vice-President and Chairmen
  129. 83Remuneration and allowances
  130. Procedure
  131. 84Tribunal procedure
  132. 84APractice directions
  133. 84BPre-hearing reviews and preliminary matters
  134. 85Procedure for matters within jurisdiction of industrial tribunal
  135. 85ACosts and expenses
  136. 85BPayments in respect of preparation time
  137. 86Interest on awards of compensation
  138. 87Enforcement
  139. Other methods of dispute resolution
  140. 88Conciliation
  141. 88ZARequirement to contact Labour Relations Agency before complaint to Tribunal
  142. 88ZBConciliation before complaint to Tribunal: other Labour Relations Agency duties
  143. 88ZCConciliation after complaint presented
  144. 88AConciliation: recovery of sums payable under compromises
  145. 89Labour Relations Agency arbitration scheme
  146. Appeals
  147. 90Appeals from Tribunal
  148. Part X: APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES
  149. 91Application to the Crown
  150. 92Proceedings against the Crown
  151. 93Disclosure of information by Crown for purposes of investigation or proceedings
  152. 94The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
  153. 94AOther police bodies
  154. 95Procedure following investigation under Article 11 in relation to certain public authorities
  155. Part XI: MISCELLANEOUS AMENDMENTS
  156. Amendment of the Sex Discrimination (Northern Ireland) Order 1976
  157. 96Acts safeguarding national security, etc.
  158. Amendment of the Race Relations (Northern Ireland) Order 1997
  159. 97Selection of unemployed persons
  160. 98Acts safeguarding national security, etc.
  161. Part XII: SUPPLEMENTARY
  162. 99Power of High Court to revise contracts
  163. 100Restrictions on contracting out
  164. 100ACollective agreements and rules of undertaking
  165. 100BComplaints relating to collective agreements and rules of undertaking
  166. 101Power to amend this Order
  167. 102Offences by bodies corporate and partnerships
  168. 103Service of documents
  169. 104Regulations and orders
  170. 105Amendments, transitional provisions, savings and repeals
  171. Schedule 1: CODES OF PRACTICE
  172. Part I: ISSUE OF CODE OF PRACTICE UNDER ARTICLE 9(3)
  173. 1Paragraph 1
  174. Part II: CODES OF PRACTICE – GENERAL
  175. Revision of a code of practice
  176. 2Paragraph 2
  177. Publication
  178. 3Paragraph 3
  179. Effect of code of practice
  180. 4Paragraph 4
  181. 5Paragraph 5
  182. Schedule 2: CONDUCT OF INVESTIGATIONS BY THE COMMISSION
  183. Part
  184. Preliminary
  185. 1Paragraph 1
  186. Notices
  187. 2Paragraph 2
  188. Procedure
  189. 3Paragraph 3
  190. 4Paragraph 4
  191. 5Paragraph 5
  192. Information and evidence
  193. 6Paragraph 6
  194. 7Paragraph 7
  195. 8Paragraph 8
  196. Obstruction and contempt
  197. 9Paragraph 9
  198. Expenses
  199. 10Paragraph 10
  200. Schedule 2A: OCCUPATIONAL PENSION SCHEMES
  201. Part
  202. Interpretation
  203. 1Paragraph 1
  204. Non-discrimination rule
  205. 2Paragraph 2
  206. 3Paragraph 3
  207. 4Paragraph 4
  208. 5Paragraph 5
  209. Procedure in the Tribunal
  210. 6Paragraph 6
  211. Remedies in the Tribunal
  212. 7Paragraph 7
  213. Schedule Schedule
  214. Schedule 4: TRANSITIONAL PROVISIONS AND SAVINGS
  215. Part
  216. Article 26 and Part IV
  217. 1Paragraph 1
  218. National security certificates
  219. 2Paragraph 2
  220. 3Paragraph 3
  221. 4Paragraph 4
  222. Devolution order under section 3 of the Northern Ireland Act 1998
  223. 5Paragraph 5
  224. The Commission
  225. 6Paragraph 6
  226. The Police (Northern Ireland) Act 1998 (1998 c. 32)
  227. 7Paragraph 7
  228. Section 50(2) of the Fair Employment (Northern Ireland) Act 1989
  229. 8Paragraph 8
  230. Schedule Schedule