The Fair Employment and Treatment (Northern Ireland) Order 1998

PART IINTRODUCTORY

Title and commencement

1Title and commencement

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 IIFUNCTIONS 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 IIIDISCRIMINATION 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

23 Vocational organisations

24. . . persons providing training services

24A Assisting persons to obtain employment etc.

25. . . persons with power to confer qualifications

25A Trustees and managers of occupational pension schemes

Discrimination by partnerships

26. . . partnerships

PART IVDISCRIMINATION 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

32. . . barristers

33Extent of Part IV

PART VOTHER UNLAWFUL ACTS

33A Relationships which have come to an end

34Discriminatory advertisements

35Accessories and incitement

36Liability of employers and principals

PART VIENFORCEMENT OF PARTS III TO V

37Restriction on proceedings for breach of this Order

Enforcement of Part III

38Complaint to Tribunal

38A Burden of proof: Tribunal

39Remedies on complaint under Article 38

Enforcement of Part IV

40Claims under Part IV

40A Burden 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

PART VIIDUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES

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

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

67Additional powers of Commission to obtain information

68Procedure in case of default by Crown bodies

69Interpretation of this Part

PART VIIIEXCEPTIONS

70Excepted employments, etc.

71School teachers

71A The police and the police support staff

72Provision of training in pursuance of affirmative action

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

75Selection of unemployed persons

76Religion specific training

78Acts done under statutory authority

79Acts safeguarding national security, etc.

80Effect of certificates by Secretary of State

PART IXTHE FAIR EMPLOYMENT TRIBUNAL

81The Fair Employment Tribunal

82President, Vice-President and Chairmen

83Remuneration and allowances

84Tribunal procedure

84A Practice directions

84B Pre-hearing reviews and preliminary matters

85Procedure for matters within jurisdiction of industrial tribunal

85A Costs and expenses

85BPayments in respect of preparation time

86Interest on awards of compensation

Other methods of dispute resolution

88AConciliation: recovery of sums payable under compromises

89Labour Relations Agency arbitration scheme

90Appeals from Tribunal

PART XAPPLICATION 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

94 The 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 XIMISCELLANEOUS 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 XIISUPPLEMENTARY

99Power of High Court to revise contracts

100Restrictions on contracting out

100A Collective 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 1CODES OF PRACTICE

PART IISSUE OF CODE OF PRACTICE UNDER ARTICLE 9(3)

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

PART IICODES OF PRACTICE – GENERAL

Revision of a code of practice

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

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

Effect of code of practice

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

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

SCHEDULE 2CONDUCT OF INVESTIGATIONS BY THE COMMISSION

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

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

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

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

4The investigation shall be conducted in private.

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

Information and evidence

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

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

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

Obstruction and contempt

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

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

SCHEDULE 2AOCCUPATIONAL PENSION SCHEMES

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

This div-1 has a number but no title; creating a P1group with an empty Title

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

Non-discrimination rule

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

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

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

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

Procedure in the Tribunal

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

Remedies in the Tribunal

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

Schedule 3—Amendments

SCHEDULE 4TRANSITIONAL PROVISIONS AND SAVINGS

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

Article 26 and Part IV

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

National security certificates

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

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

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

Devolution order under section 3 of the Northern Ireland Act 1998

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

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

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

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

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

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

Schedule 5—Repeals

1998 No. 3162 (N.I. 21)

The Fair Employment and Treatment (Northern Ireland) Order 1998

16th December 1998 F1 C1

Annotations:

Amendments (Textual)

F1

functions transf. by SR 1999/481

Modifications etc. (not altering text)

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)