Race Relations Order (Amendment) Regulations (Northern Ireland) 2003

Harassment by employers

7.—(1) For the heading to Part II of the Race Relations Order there shall be substituted “DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD” and for the cross heading immediately thereafter there shall be substituted “Discrimination and harassment by employers”.

(2) In the heading to Article 6 of the Race Relations Order (discrimination against applicants and employees), omit the words “discrimination against”.

(3) That Article is amended as follows –

(a) after paragraph (2) insert –

“(2A) It is unlawful for a person, in relation to employment by him at an establishment in Northern Ireland, to subject to harassment a person whom he employs or who has applied to him for employment.”;

(b) in paragraph (3) (exception for employment for purposes of private household), after the words “Article 4”, insert “or discrimination on grounds of race or ethnic or national origins”, and

(c) after paragraph (4) insert –

“(4A) In paragraph (2)(c) the reference to the dismissal of a person from employment includes, where the discrimination is on grounds of race or ethnic or national origins, references –

(a) to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms;

(b) to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer”; and

(d) in paragraph (5), after the words “an employer” insert “, on grounds other than those of race or ethnic or national origins,”.