http://www.legislation.gov.uk/nisr/2003/497/contents/made

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Sexual orientation

Employment terms and conditions

Sexual discrimination

Employment regulations

Pensions

Government Printer for Northern Ireland

2016-09-07

SEXUAL ORIENTATION DISCRIMINATION

These Regulations, which are made under section 2(2) of the European Communities Act 1972 (c. 68), implement (in Northern Ireland) Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment (O.J. No. L303, 2.12.2000, p. 16) so far as it relates to discrimination on grounds of sexual orientation. The Regulations make it unlawful to discriminate on grounds of sexual orientation in employment and vocational training. They prohibit direct discrimination, indirect discrimination, victimisation and harassment.

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 13(6)(a)

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 38

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 14A heading

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 39(2)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 14A(1)

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 39(3)(a)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 14A(1)

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 39(3)(b)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 14A(2)(a)

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 39(4)(a)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 14A(2)(a)

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 39(4)(b)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 14A(3)

The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013

Sch.

para. 39(5)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 43(7)(a)

Armed Forces Act 2021

Sch. 3

para. 7(a)

s. 24(1)

reg. 2(d)

reg. 2

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 43(8)

Armed Forces Act 2021

Sch. 3

para. 7(b)

s. 24(1)

reg. 2(d)

reg. 2

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 43(9)

Armed Forces Act 2021

Sch. 3

para. 7(c)

s. 24(1)

reg. 2(d)

reg. 2

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 43(10)

Armed Forces Act 2021

Sch. 3

para. 7(d)(i)

s. 24(1)

reg. 2(d)

reg. 2

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 43(10)

Armed Forces Act 2021

Sch. 3

para. 7(d)(ii)

s. 24(1)

reg. 2(d)

reg. 2

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Regulations

The Departments (Transfer of Functions) Order (Northern Ireland) 2016

Sch. 1

Pt. 2

art. 9(2)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 21

The Departments (Transfer of Functions) Order (Northern Ireland) 2016

Sch. 4

Pt. 2

art. 9(2)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 21(1)

The Departments (Transfer of Functions) Order (Northern Ireland) 2016

Sch. 6

para. 50(a)(i)

art. 9(2)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 21(1)

The Departments (Transfer of Functions) Order (Northern Ireland) 2016

Sch. 6

para. 50(a)(ii)

art. 9(2)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 21(2)(b)

The Departments (Transfer of Functions) Order (Northern Ireland) 2016

Sch. 6

para. 50(b)

art. 9(2)

art. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 41(1B)

The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020

Sch.

para. 26

art. 1

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 41A

The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020

Sch.

para. 27

art. 1

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 8(4)

The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

reg. 42

reg. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 3(3)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order (Northern Ireland) 2005

art. 18(1)

art. 1(1)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 28

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order (Northern Ireland) 2005

art. 18(2)

art. 1(1)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 39(4)(a)

Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004

reg. 17(g)(i)

reg. 18

reg. 1

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 41(1A)

Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004

reg. 17(g)(ii)

reg. 18

reg. 1

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 28(1)

The Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023

reg. 5(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 28(2)-(4)

The Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023

reg. 5(3)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

reg. 3(4)

The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

reg. 155

reg. 6-9

reg. 1(2)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

PART IGENERAL

1Citation and commencement

2Interpretation

3Discrimination on grounds of sexual orientation

4Discrimination by way of victimisation

5Harassment on grounds of sexual orientation

PART IIDISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING

6Applicants and employees

7Discrimination by persons with statutory power to select employees for others

8Exception for genuine occupational requirement etc

9Contract workers

10Meaning of employment and contract work at establishment in Northern Ireland

11Trustees and managers of occupational pension schemes

12Office-holders etc

13Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve

14Other police bodies

15Barristers

16Partnerships

17Trade organisations

18Qualifications bodies

19Providers of vocational training

20Employment agencies, careers guidance etc

21Assisting persons to obtain employment etc

22Institutions of further and higher education

23Relationships which have come to an end

PART IIIOTHER UNLAWFUL ACTS

24Liability of employers and principals

25Aiding unlawful acts

PART IVGENERAL EXCEPTIONS FROM PARTS II AND III

26Exception for national security etc

27Effect of certificates by Secretary of State

28Exception for benefits dependent on marital status

29Exceptions for positive action

PART VFUNCTIONS OF THE EQUALITY COMMISSION

30General duty of Commission

31Research and education

32Codes of practice

PART VIENFORCEMENT

33Restriction of proceedings for breach of Regulations

34Jurisdiction of industrial tribunals

35Burden of proof: industrial tribunals

36Remedies on complaints in industrial tribunals

37Jurisdiction of county courts

38Burden of proof: county courts

39Help for persons in obtaining information etc

40Assistance by Commission

41Period within which proceedings to be brought

PART VIISUPPLEMENTAL

42Validity of contracts, collective agreements and rules of undertakings

43Application to the Crown etc

44Amendments to legislation

SCHEDULE 1OCCUPATIONAL PENSION SCHEMES

Interpretation

1(1) In this Schedule – “active member”, “deferred member”, “managers”,...

Non-discrimination rule

2Every occupational pension scheme shall be treated as including a...

3The other provisions of the scheme are to have effect...

4The trustees or managers of an occupational pension scheme may...

5Alterations made by a resolution such as is referred to...

Procedure in industrial tribunals

6Where under regulation 34 (jurisdiction of industrial tribunals) a member...

Remedies in industrial tribunals

7(1) This paragraph applies where – (a) under regulation 34...

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

PART Ivalidity and revision of contracts

1(1) A term of a contract is void where –...

2(1) Paragraph 1(3) does not apply –

3(1) On the application of a person interested in a...

PART IIcollective agreements and rules of undertakings

4(1) This Part of this Schedule applies to –

5A person to whom this paragraph applies may present a...

6In the case of a complaint about –

7In the case of a complaint about a rule made...

8(1) When an industrial tribunal finds that a complaint presented...

9The avoidance by virtue of paragraph 4(2) of any term...

10In this Schedule “collective agreement” means any agreement relating to...

SCHEDULE 5AMENDMENTS TO LEGISLATION

1The Industrial Tribunals (Northern Ireland) Order 1996 is amended as...

2Article 160 (compensation for acts which are both unfair dismissal...

3(1) In Article 85(1) of the Fair Employment and Treatment...

4In the Employment Order (Northern Ireland) 2003 at the end...

2003 No. 497

SEXUAL ORIENTATION DISCRIMINATION

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Made1st December 2003

Coming into operation2nd December 2003

The Office of the First Minister and deputy First Minister, being a Department designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to discrimination2, in exercise of the powers conferred on it by that section, and of every other power enabling it in that behalf, hereby makes the following Regulations: