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STATUTORY INSTRUMENTS

1998 No. 3162 (N.I. 21)

NORTHERN IRELAND

The Fair Employment and Treatment (Northern Ireland) Order 1998

  Made 16th December 1998 
  Coming into operation on days to be appointed under Article 1(2)


ARRANGEMENT OF ORDER


PART I

INTRODUCTORY
Title and commencement
1. Title and commencement.
Interpretation
2. General interpretation.
3. "Discrimination" and "unlawful discrimination".
4. "Affirmative action".
5. "Equality of opportunity".
6. "Employment in Northern Ireland" and "occupation in Northern Ireland".

PART II

FUNCTIONS OF THE EQUALITY COMMISSION
Principal functions of Commission
7. General duty of Commission.
8. Educational and advisory functions.
9. Codes of practice.
10. Identification of patterns and trends of employment, etc.
11. Investigation of practices.
Undertakings or directions for promoting equality of opportunity
12. Undertaking following investigation under Article 11.
13. Voluntary undertakings.
14. Directions under Articles 12 and 13.
Appeals and legal proceedings in relation to undertakings and directions
15. Appeal to Tribunal against directions under Article 12 or 13.
16. Order of Tribunal to enforce undertaking or directions.
17. Failure to comply with order of Tribunal.
Restriction on disclosure of information
18. Restriction on disclosure of information.

PART III

DISCRIMINATION IN THE EMPLOYMENT FIELD
Discrimination in the employment field
19. Discrimination against applicants and employees.
20. Discrimination against contract workers.
21. Discrimination by persons with statutory power to select employees for others.
22. Discrimination by employment agencies.
23. Discrimination by vocational organisations.
24. Discrimination by persons providing training services.
25. Discrimination by persons with power to confer qualifications.
Discrimination by partnerships
26. Discrimination by partnerships.

PART IV

DISCRIMINATION IN OTHER FIELDS
Further and higher education
27. Discrimination by bodies in charge of further and higher educational establishments.
Goods, facilities, services and premises
28. Discrimination in provision of goods, facilities or services.
29. Discrimination in disposal or management of premises.
30. Exception from Articles 28(1) and 29; small dwellings.
31. Further exceptions from Articles 28(1) and 29.
Barristers
32. Discrimination by, or in relation to, barristers.
Extent
33. Extent of Part IV.

PART V

OTHER UNLAWFUL ACTS
34. Discriminatory advertisements.
35. Accessories and incitement.
36. Liability of employers and principals.

PART VI

ENFORCEMENT OF PARTS III TO V
General
37. Restriction on proceedings for breach of this Order.
Enforcement of Part III
38. Complaint to Tribunal.
39. Remedies on complaint under Article 38.
Enforcement of Part IV
40. Claims under Part IV.
Other enforcement by Commission
41. Persistent discrimination.
42. Enforcement of Article 34.
43. Undertakings by persons contravening Part IV.
Help for persons suffering discrimination
44. Help for aggrieved persons in obtaining information, etc.
45. Advice and assistance from Commission.
Period within which proceedings must be brought
46. Period within which proceedings must be brought.

PART VII

DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES
Registration
47. The register of concerns in which people are employed.
48. Employers to apply for registration.
49. Rectification of the register.
Public authorities
50. Power to specify public authorities by order.
51. Certain public authorities to be treated as employers.
Monitoring the workforce
52. Monitoring returns.
53. Regulations as to monitoring.
54. Monitoring applicants.
Review of recruitment, training and promotion practices
55. Periodic reviews by employers.
Enquiries, undertakings and directions
56. Enquiries by the Commission.
57. Undertakings in connection with monitoring and reviews.
58. Directions.
59. Application of Articles 15 to 17.
Goals and timetables
60. Notices about goals and timetables.
61. Power to secure further undertakings or issue further directions.
Employers in default and connected persons: restrictions on dealing with them or giving them financial assistance
62. Employers in default: notice stating they are not qualified.
63. Notice stating that connected and other persons are not qualified.
64. Restriction on execution of works, etc. by unqualified persons.
65. Enforcement at instance of Commission and actions for breach of duty.
66. Denial of financial assistance to unqualified persons.
General
67. Additional powers of Commission to obtain information.
68. Procedure in case of default by Crown bodies.
69. Interpretation of this Part.

PART VIII

EXCEPTIONS
70. Excepted employments, etc.
71. School teachers.
72. Provision of training in pursuance of affirmative action.
73. Redundancy.
74. Measures to encourage applications, etc. from under-represented community.
75. Selection of unemployed persons.
76. Religion specific training.
77. Charities.
78. Acts done under statutory authority.
79. Acts safeguarding national security, etc.
80. Effect of certificates by Secretary of State.

PART IX

THE FAIR EMPLOYMENT TRIBUNAL
Constitution
81. The Fair Employment Tribunal.
82. President, Vice-President and Chairmen.
83. Remuneration and allowances.
Procedure
84. Tribunal procedure.
85. Procedure for matters within jurisdiction of industrial tribunal.
86. Interest on awards of compensation.
87. Enforcement.
Other methods of dispute resolution
88. Conciliation.
89. Labour Relations Agency arbitration scheme.
Appeals
90. Appeals from Tribunal.

PART X

APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES
91. Application to the Crown.
92. Proceedings against the Crown.
93. Disclosure of information by Crown for purposes of investigation or proceedings.
94. Application to the police.
95. Procedure following investigation under Article 11 in relation to certain public authorities.

PART XI

MISCELLANEOUS AMENDMENTS
Amendment of the Sex Discrimination (Northern Ireland) Order 1976
96. Acts safeguarding national security, etc.
Amendment of the Race Relations (Northern Ireland) Order 1997
97. Selection of unemployed persons.
98. Acts safeguarding national security, etc.

PART XII

SUPPLEMENTARY
99. Power of High Court to revise contracts.
100. Restrictions on contracting out.
101. Power to amend this Order.
102. Offences by bodies corporate and partnerships.
103. Service of documents.
104. Regulations and orders.
105. Amendments, transitional provisions, savings and repeals.

SCHEDULES:

  Schedule 1 -  Codes of practice.
 Part I -  Issue of code of practice under Article 9(3).
 Part II -  Code of practice - general.(3).

  Schedule 2 -  Conduct of investigations by the Commission.

  Schedule 3 -  Amendments.

  Schedule 4 -  Transitional provisions and savings.

  Schedule 5 -  Repeals.

 
  © Crown copyright 1998
Prepared 20 January 1999

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