The Fair Employment and Treatment (Northern Ireland) Order 1998
1998/3162 · Made 16 December 1998 · Extends to Northern Ireland
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
- Part I: INTRODUCTORY
- Title and commencement
- 1Title and commencement
- Interpretation
- 2General interpretation
- 3“Discrimination” and “unlawful discrimination”
- 3A“Harassment” and “unlawful harassment”
- 4“Affirmative action”
- 5“Equality of opportunity”
- 6“Employment in Northern Ireland” and “occupation in Northern Ireland”
- Part II: FUNCTIONS OF THE EQUALITY COMMISSION
- Principal functions of Commission
- 7General duty of Commission
- 8Educational and advisory functions
- 9Codes of practice
- 10Identification of patterns and trends of employment, etc.
- 11Investigation of practices
- Undertakings or directions for promoting equality of opportunity
- 12Undertaking following investigation under Article 11
- 13Voluntary undertakings
- 14Directions under Articles 12 and 13
- Appeals and legal proceedings in relation to undertakings and directions
- 15Appeal to Tribunal against directions under Article 12 or 13
- 16Order of Tribunal to enforce undertaking or directions
- 17Failure to comply with order of Tribunal
- Restriction on disclosure of information
- 18Restriction on disclosure of information
- Part III: DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD
- Discrimination and harassment in the employment field
- 19. . . applicants and employees
- 20. . . contract workers
- 20AOffice-holders etc.
- 21. . . persons with statutory power to select employees for others
- 22. . . employment agencies
- 23Vocational organisations
- 24. . . persons providing training services
- 24AAssisting persons to obtain employment etc.
- 25. . . persons with power to confer qualifications
- 25ATrustees and managers of occupational pension schemes
- Discrimination by partnerships
- 26. . . partnerships
- Part IV: DISCRIMINATION AND HARASSMENT IN OTHER FIELDS
- Further and higher education
- 27. . . bodies in charge of further and higher educational establishments
- Goods, facilities, services and premises
- 28Discrimination in provision of goods, facilities or services
- 29Discrimination in disposal or management of premises
- 30Exception from Articles 28(1) and 29; small dwellings
- 31Further exceptions from Articles 28(1) and 29
- Barristers
- 32. . . barristers
- Extent
- 33Extent of Part IV
- Part V: OTHER UNLAWFUL ACTS
- 33ARelationships which have come to an end
- 34Discriminatory advertisements
- 35Accessories and incitement
- 36Liability of employers and principals
- Part VI: ENFORCEMENT OF PARTS III TO V
- General
- 37Restriction on proceedings for breach of this Order
- Enforcement of Part III
- 38Complaint to Tribunal
- 38ABurden of proof: Tribunal
- 39Remedies on complaint under Article 38
- Enforcement of Part IV
- 40Claims under Part IV
- 40ABurden of proof: county court
- Other enforcement by Commission
- 41Persistent discrimination
- 42Enforcement of Article 34
- 43Undertakings by persons contravening Part IV
- Help for persons suffering discrimination
- 44Help for aggrieved persons in obtaining information, etc.
- 45Advice and assistance from Commission
- Period within which proceedings must be brought
- 46Period within which proceedings must be brought
- 46AExtension of time limits: mediation Repealed
- 46BExtension of time limit to allow conciliation
- Part VII: DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES
- Registration
- 47The register of concerns in which people are employed
- 48Employers to apply for registration
- 49Rectification of the register
- Public authorities
- 50Power to specify public authorities by order
- 51Certain public authorities to be treated as employers
- Monitoring the workforce
- 52Monitoring returns
- 53Regulations as to monitoring
- 54Monitoring applicants
- Review of recruitment, training and promotion practices
- 55Periodic reviews by employers
- Enquiries, undertakings and directions
- 56Enquiries by the Commission
- 57Undertakings in connection with monitoring and reviews
- 58Directions
- 59Application of Articles 15 to 17
- Goals and timetables
- 60Notices about goals and timetables
- 61Power to secure further undertakings or issue further directions
- Employers in default and connected persons: restrictions on dealing with them or giving them financial assistance
- 62Employers in default: notice stating they are not qualified
- 63Notice stating that connected and other persons are not qualified
- 64Restriction on execution of works, etc. by unqualified persons
- 65Enforcement at instance of Commission and actions for breach of duty
- 66Denial of financial assistance to unqualified persons
- General
- 67Additional powers of Commission to obtain information
- 68Procedure in case of default by Crown bodies
- 69Interpretation of this Part
- Part VIII: EXCEPTIONS
- 70Excepted employments, etc.
- 71School teachers Repealed
- 71AThe police and the police support staff
- 72Provision of training in pursuance of affirmative action
- 73Redundancy
- 74Measures to encourage applications, etc. from under-represented community
- 75Selection of unemployed persons
- 76Religion specific training
- 77Charities
- 78Acts done under statutory authority
- 79Acts safeguarding national security, etc.
- 80Effect of certificates by Secretary of State
- Part IX: THE FAIR EMPLOYMENT TRIBUNAL
- Constitution
- 81The Fair Employment Tribunal
- 82President, Vice-President and Chairmen
- 83Remuneration and allowances
- Procedure
- 84Tribunal procedure
- 84APractice directions
- 84BPre-hearing reviews and preliminary matters
- 85Procedure for matters within jurisdiction of industrial tribunal
- 85ACosts and expenses
- 85BPayments in respect of preparation time
- 86Interest on awards of compensation
- 87Enforcement
- Other methods of dispute resolution
- 88Conciliation
- 88ZARequirement to contact Labour Relations Agency before complaint to Tribunal
- 88ZBConciliation before complaint to Tribunal: other Labour Relations Agency duties
- 88ZCConciliation after complaint presented
- 88AConciliation: recovery of sums payable under compromises
- 89Labour Relations Agency arbitration scheme
- Appeals
- 90Appeals from Tribunal
- Part X: APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES
- 91Application to the Crown
- 92Proceedings against the Crown
- 93Disclosure of information by Crown for purposes of investigation or proceedings
- 94The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
- 94AOther police bodies
- 95Procedure following investigation under Article 11 in relation to certain public authorities
- Part XI: MISCELLANEOUS AMENDMENTS
- Amendment of the Sex Discrimination (Northern Ireland) Order 1976
- 96Acts safeguarding national security, etc.
- Amendment of the Race Relations (Northern Ireland) Order 1997
- 97Selection of unemployed persons
- 98Acts safeguarding national security, etc.
- Part XII: SUPPLEMENTARY
- 99Power of High Court to revise contracts
- 100Restrictions on contracting out
- 100ACollective agreements and rules of undertaking
- 100BComplaints relating to collective agreements and rules of undertaking
- 101Power to amend this Order
- 102Offences by bodies corporate and partnerships
- 103Service of documents
- 104Regulations and orders
- 105Amendments, transitional provisions, savings and repeals
- Schedule 1: CODES OF PRACTICE
- Part I: ISSUE OF CODE OF PRACTICE UNDER ARTICLE 9(3)
- 1Paragraph 1
- Part II: CODES OF PRACTICE – GENERAL
- Revision of a code of practice
- 2Paragraph 2
- Publication
- 3Paragraph 3
- Effect of code of practice
- 4Paragraph 4
- 5Paragraph 5
- Schedule 2: CONDUCT OF INVESTIGATIONS BY THE COMMISSION
- Part
- Preliminary
- 1Paragraph 1
- Notices
- 2Paragraph 2
- Procedure
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Information and evidence
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Obstruction and contempt
- 9Paragraph 9
- Expenses
- 10Paragraph 10
- Schedule 2A: OCCUPATIONAL PENSION SCHEMES
- Part
- Interpretation
- 1Paragraph 1
- Non-discrimination rule
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Procedure in the Tribunal
- 6Paragraph 6
- Remedies in the Tribunal
- 7Paragraph 7
- Schedule Schedule
- Schedule 4: TRANSITIONAL PROVISIONS AND SAVINGS
- Part
- Article 26 and Part IV
- 1Paragraph 1
- National security certificates
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Devolution order under section 3 of the Northern Ireland Act 1998
- 5Paragraph 5
- The Commission
- 6Paragraph 6
- The Police (Northern Ireland) Act 1998 (1998 c. 32)
- 7Paragraph 7
- Section 50(2) of the Fair Employment (Northern Ireland) Act 1989
- 8Paragraph 8
- Schedule Schedule