The Fair Employment and Treatment (Northern Ireland) Order 1998

1. Introductory Text

2. PART I INTRODUCTORY

   1. Title and commencement

      1. 1. Title and commencement

   2. Interpretation

      1. 2. General interpretation

      2. 3. “Discrimination” and “unlawful discrimination”

      3. 3A. “Harassment” and “unlawful harassment”

      4. 4. “Affirmative action”

      5. 5. “Equality of opportunity”

      6. 6. “Employment in Northern Ireland” and “occupation in Northern Ireland”

3. PART II FUNCTIONS OF THE EQUALITY COMMISSION

   1. Principal functions of Commission

      1. 7. General duty of Commission

      2. 8. Educational and advisory functions

      3. 9. Codes of practice

      4. 10. Identification of patterns and trends of employment, etc.

      5. 11. Investigation of practices

   2. Undertakings or directions for promoting equality of opportunity

      1. 12. Undertaking following investigation under Article 11

      2. 13. Voluntary undertakings

      3. 14. Directions under Articles 12 and 13

   3. Appeals and legal proceedings in relation to undertakings and directions

      1. 15. Appeal to Tribunal against directions under Article 12 or 13

      2. 16. Order of Tribunal to enforce undertaking or directions

      3. 17. Failure to comply with order of Tribunal

   4. Restriction on disclosure of information

      1. 18. Restriction on disclosure of information

4. PART III DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD

   1. Discrimination and harassment in the employment field

      1. 19. . . . applicants and employees

      2. 20. . . . contract workers

      3. 20A. Office-holders etc.

      4. 21. . . . persons with statutory power to select employees for others

      5. 22. . . . employment agencies

      6. 23. Vocational organisations

      7. 24. . . . persons providing training services

      8. 24A. Assisting persons to obtain employment etc.

      9. 25. . . . persons with power to confer qualifications

      10. 25A. Trustees and managers of occupational pension schemes

   2. Discrimination by partnerships

      1. 26. . . . partnerships

5. PART IV DISCRIMINATION AND HARASSMENT IN OTHER FIELDS

   1. Further and higher education

      1. 27. . . . bodies in charge of further and higher educational establishments

   2. Goods, facilities, services and premises

      1. 28. Discrimination in provision of goods, facilities or services

      2. 29. Discrimination in disposal or management of premises

      3. 30. Exception from Articles 28(1) and 29; small dwellings

      4. 31. Further exceptions from Articles 28(1) and 29

   3. Barristers

      1. 32. . . . barristers

   4. Extent

      1. 33. Extent of Part IV

6. PART V OTHER UNLAWFUL ACTS

   1. 33A. Relationships which have come to an end

   2. 34. Discriminatory advertisements

   3. 35. Accessories and incitement

   4. 36. Liability of employers and principals

7. PART VI ENFORCEMENT OF PARTS III TO V

   1. General

      1. 37. Restriction on proceedings for breach of this Order

   2. Enforcement of Part III

      1. 38. Complaint to Tribunal

      2. 38A. Burden of proof: Tribunal

      3. 39. Remedies on complaint under Article 38

   3. Enforcement of Part IV

      1. 40. Claims under Part IV

      2. 40A. Burden of proof: county court

   4. Other enforcement by Commission

      1. 41. Persistent discrimination

      2. 42. Enforcement of Article 34

      3. 43. Undertakings by persons contravening Part IV

   5. Help for persons suffering discrimination

      1. 44. Help for aggrieved persons in obtaining information, etc.

      2. 45. Advice and assistance from Commission

   6. Period within which proceedings must be brought

      1. 46. Period within which proceedings must be brought

      2. 46A. Extension of time limits: mediation

      3. 46B. Extension of time limit to allow conciliation

8. PART VII DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES

   1. Registration

      1. 47. The register of concerns in which people are employed

      2. 48. Employers to apply for registration

      3. 49. Rectification of the register

   2. Public authorities

      1. 50. Power to specify public authorities by order

      2. 51. Certain public authorities to be treated as employers

   3. Monitoring the workforce

      1. 52. Monitoring returns

      2. 53. Regulations as to monitoring

      3. 54. Monitoring applicants

   4. Review of recruitment, training and promotion practices

      1. 55. Periodic reviews by employers

   5. Enquiries, undertakings and directions

      1. 56. Enquiries by the Commission

      2. 57. Undertakings in connection with monitoring and reviews

      3. 58. Directions

      4. 59. Application of Articles 15 to 17

   6. Goals and timetables

      1. 60. Notices about goals and timetables

      2. 61. Power to secure further undertakings or issue further directions

   7. Employers in default and connected persons: restrictions on dealing with them or giving them financial assistance

      1. 62. Employers in default: notice stating they are not qualified

      2. 63. Notice stating that connected and other persons are not qualified

      3. 64. Restriction on execution of works, etc. by unqualified persons

      4. 65. Enforcement at instance of Commission and actions for breach of duty

      5. 66. Denial of financial assistance to unqualified persons

   8. General

      1. 67. Additional powers of Commission to obtain information

      2. 68. Procedure in case of default by Crown bodies

      3. 69. Interpretation of this Part

9. PART VIII EXCEPTIONS

   1. 70. Excepted employments, etc.

   2. 71. School teachers

   3. 71A. The police and the police support staff

   4. 72. Provision of training in pursuance of affirmative action

   5. 73. Redundancy

   6. 74. Measures to encourage applications, etc. from under-represented community

   7. 75. Selection of unemployed persons

   8. 76. Religion specific training

   9. 77. Charities

   10. 78. Acts done under statutory authority

   11. 79. Acts safeguarding national security, etc.

   12. 80. Effect of certificates by Secretary of State

10. PART IX THE FAIR EMPLOYMENT TRIBUNAL

    1. Constitution

       1. 81. The Fair Employment Tribunal

       2. 82. President, Vice-President and Chairmen

       3. 83. Remuneration and allowances

    2. Procedure

       1. 84. Tribunal procedure

       2. 84A. Practice directions

       3. 84B. Pre-hearing reviews and preliminary matters

       4. 85. Procedure for matters within jurisdiction of industrial tribunal

       5. 85A. Costs and expenses

       6. 85B. Payments in respect of preparation time

       7. 86. Interest on awards of compensation

       8. 87. Enforcement

    3. Other methods of dispute resolution

       1. 88. Conciliation

       2. 88ZA. Requirement to contact Labour Relations Agency before complaint to Tribunal

       3. 88ZB. Conciliation before complaint to Tribunal: other Labour Relations Agency duties

       4. 88ZC. Conciliation after complaint presented

       5. 88A. Conciliation: recovery of sums payable under compromises

       6. 89. Labour Relations Agency arbitration scheme

    4. Appeals

       1. 90. Appeals from Tribunal

11. PART X APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES

    1. 91. Application to the Crown

    2. 92. Proceedings against the Crown

    3. 93. Disclosure of information by Crown for purposes of investigation or proceedings

    4. 94. The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve

    5. 94A. Other police bodies

    6. 95. Procedure following investigation under Article 11 in relation to certain public authorities

12. PART XI MISCELLANEOUS AMENDMENTS

    1. Amendment of the Sex Discrimination (Northern Ireland) Order 1976

       1. 96. Acts safeguarding national security, etc.

    2. Amendment of the Race Relations (Northern Ireland) Order 1997

       1. 97. Selection of unemployed persons

       2. 98. Acts safeguarding national security, etc.

13. PART XII SUPPLEMENTARY

    1. 99. Power of High Court to revise contracts

    2. 100. Restrictions on contracting out

    3. 100A. Collective agreements and rules of undertaking

    4. 100B. Complaints relating to collective agreements and rules of undertaking

    5. 101. Power to amend this Order

    6. 102. Offences by bodies corporate and partnerships

    7. 103. Service of documents

    8. 104. Regulations and orders

    9. 105. Amendments, transitional provisions, savings and repeals

14. SCHEDULES

    1. SCHEDULE 1

       CODES OF PRACTICE

       1. PART I ISSUE OF CODE OF PRACTICE UNDER ARTICLE 9(3)

          1. 1. (1) Where the Commission proposes to issue a code of practice under Article 9(3), it...

       2. PART II CODES OF PRACTICE – GENERAL

          1. Revision of a code of practice

             1. 2. (1) The Commission may from time to time revise the whole or any part of...

          2. Publication

             1. 3. The Commission shall— (a) publish a code of practice under Article 9 as for the...

          3. Effect of code of practice

             1. 4. The Commission and the Department shall each take such steps as they consider necessary to...

             2. 5. A failure on the part of any person to observe any provision of a code...

    2. SCHEDULE 2

       CONDUCT OF INVESTIGATIONS BY THE COMMISSION

       1. Preliminary (1) In this Schedule “the investigation” means an investigation under Article 11 or 71....

          1. Preliminary

             1. 1. In this Schedule “the investigation” means an investigation under Article...

          2. Notices

             1. 2. Before holding the investigation, the Commission shall— (a) serve on every person whose practices it...

          3. Procedure

             1. 3. The Commission shall afford to every person such as is mentioned in paragraph 2(a) an...

             2. 4. The investigation shall be conducted in private.

             3. 5. Subject to paragraphs 3 and 4, the procedure for conducting the investigation shall be such...

          4. Information and evidence

             1. 6. For the purposes of the investigation, the Commission may obtain information from such persons and...

             2. 7. (1) For the purposes of the investigation the Commission may require any person who in...

             3. 8. For the purposes of the investigation the Commission may also require an employer or vocational...

          5. Obstruction and contempt

             1. 9. (1) If any person, without lawful authority or reasonable excuse, obstructs the Commission or any...

          6. Expenses

             1. 10. Without prejudice to paragraph 7(3)(c), the Commission may, if it thinks fit, pay to any...

    3. SCHEDULE 2A

       OCCUPATIONAL PENSION SCHEMES

       1. Interpretation (1) (1) In this Schedule— “active member”, “deferred member”, “managers”, “pensioner member” and “trustees...

          1. Interpretation

             1. 1. (1) In this Schedule— “active member”, “deferred member”, “managers”, “pensioner member” and “trustees or managers”,...

          2. Non-discrimination rule

             1. 2. Every occupational pension scheme shall be treated as including a provision ("the non-discrimination rule") containing...

             2. 3. The other provisions of the scheme are to have effect subject to the non-discrimination rule.

             3. 4. The trustees or managers of an occupational pension scheme may— (a) if they do not...

             4. 5. Alterations made by a resolution such as is referred to in paragraph 4 may have...

          3. Procedure in the Tribunal

             1. 6. Where under Article 38 a member or prospective member of an occupational pension scheme presents...

          4. Remedies in the Tribunal

             1. 7. (1) This paragraph applies where— (a) under Article 38 a member or prospective member of...

    4. Schedule 3—Amendments

    5. SCHEDULE 4

       TRANSITIONAL PROVISIONS AND SAVINGS

       1. Article 26 and Part IV (1) (1) Article 26 of this Order shall not apply...

          1. Article 26 and Part IV

             1. 1. (1) Article 26 of this Order shall not apply in relation to any act done...

          2. National security certificates

             1. 2. In relation to any act done before the coming into operation of Article 79— (a)...

             2. 3. In relation to any act done before the coming into operation of Article 96— (a)...

             3. 4. In relation to any act done before the coming into operation of Article 98— (a)...

          3. Devolution order under section 3 of the Northern Ireland Act 1998

             1. 5. If provisions of this Order come into operation before the day appointed by an Order...

          4. The Commission

             1. 6. (1) If provisions of this Order come into operation before the day appointed under section...

          5. The Police (Northern Ireland) Act 1998 (1998 c. 32)

             1. 7. If Article 94 comes into operation before the day appointed under section 75(1) of the...

          6. Section 50(2) of the Fair Employment (Northern Ireland) Act 1989

             1. 8. The repeals effected by this Order do not affect the operation of— (a) subsection (2)...

    6. Schedule 5—Repeals