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. 4. “Affirmative action”

      4. 5. “Equality of opportunity”

      5. 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 IN THE EMPLOYMENT FIELD

   1. Discrimination in the employment field

      1. 19. Discrimination against applicants and employees

      2. 20. Discrimination against contract workers

      3. 21. Discrimination by persons with statutory power to select employees for others

      4. 22. Discrimination by employment agencies

      5. 23. Discrimination by vocational organisations

      6. 24. Discrimination by persons providing training services

      7. 25. Discrimination by persons with power to confer qualifications

   2. Discrimination by partnerships

      1. 26. Discrimination by partnerships

5. PART IV DISCRIMINATION IN OTHER FIELDS

   1. Further and higher education

      1. 27. Discrimination by 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. Discrimination by, or in relation to, barristers

   4. Extent

      1. 33. Extent of Part IV

6. PART V OTHER UNLAWFUL ACTS

   1. 34. Discriminatory advertisements

   2. 35. Accessories and incitement

   3. 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. 39. Remedies on complaint under Article 38

   3. Enforcement of Part IV

      1. 40. Claims under Part IV

   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

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. 72. Provision of training in pursuance of affirmative action

   4. 73. Redundancy

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

   6. 75. Selection of unemployed persons

   7. 76. Religion specific training

   8. 77. Charities

   9. 78. Acts done under statutory authority

   10. 79. Acts safeguarding national security, etc.

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

       3. 86. Interest on awards of compensation

       4. 87. Enforcement

    3. Other methods of dispute resolution

       1. 88. Conciliation

       2. 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. Application to the police

    5. 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. 101. Power to amend this Order

    4. 102. Offences by bodies corporate and partnerships

    5. 103. Service of documents

    6. 104. Regulations and orders

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

14. Signature

15. 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...

       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...

          2. Publication

             1. 3. The Commission shall— (a) publish a code of practice under...

          3. Effect of code of practice

             1. 4. The Commission and the Department shall each take such steps...

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

    2. SCHEDULE 2

       CONDUCT OF INVESTIGATIONS BY THE COMMISSION

       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—

       3. Procedure

          1. 3. The Commission shall afford to every person such as is...

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

          3. 5. Subject to paragraphs 3 and 4, the procedure for conducting...

       4. Information and evidence

          1. 6. For the purposes of the investigation, the Commission may obtain...

          2. 7. (1) For the purposes of the investigation the Commission may...

          3. 8. For the purposes of the investigation the Commission may also...

       5. Obstruction and contempt

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

       6. Expenses

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

    3. SCHEDULE 3

       AMENDMENTS

       1. The Parliamentary Commissioner Act 1967 (c. 13)

       2. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (c. 7 (N.I.))

       3. The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

       4. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6)

       5. The Judicial Pensions and Retirement Act 1993 (c. 8)

       6. The Education and Libraries (Northern Ireland) Order 1993 (NI 12)

       7. The Ombudsman (Northern Ireland) Order 1996 (NI 8)

       8. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

       9. The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

       10. The Race Relations (Northern Ireland) Order 1997 (NI 6)

       11. The Northern Ireland Act 1998 (c. 47)

    4. SCHEDULE 4

       TRANSITIONAL PROVISIONS AND SAVINGS

       1. Article 26 and Part IV

          1. 1. (1) Article 26 of this Order shall not apply in...

       2. National security certificates

          1. 2. In relation to any act done before the coming into...

          2. 3. In relation to any act done before the coming into...

          3. 4. In relation to any act done before the coming into...

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

          1. 5. If provisions of this Order come into operation before the...

       4. The Commission

          1. 6. (1) If provisions of this Order come into operation before...

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

          1. 7. If Article 94 comes into operation before the day appointed...

    5. SCHEDULE 5

       REPEALS

16. Explanatory Note