Made | 13th June 2006 | ||
Coming into operation in accordance with regulation 1 |
1. | Citation and commencement |
2. | Interpretation |
3. | Discrimination on grounds of age |
4. | Discrimination by way of victimisation |
5. | Instructions to discriminate |
6. | Harassment on grounds of age |
7. | Applicants and employees |
8. | Discrimination by persons with statutory power to select employees for others |
9. | Exception for genuine occupational requirement etc. |
10. | Contract workers |
11. | Meaning of employment and contract work at establishment in Northern Ireland |
12. | Pension schemes |
13. | Office-holders etc. |
14. | Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve |
15. | Other police bodies |
16. | Serious Organised Crime Agency |
17. | Barristers |
18. | Partnerships |
19. | Trade organisations |
20. | Qualifications bodies |
21. | The provision of vocational training |
22. | Employment agencies, careers guidance etc. |
23. | Assisting persons to obtain employment etc. |
24. | Institutions of further and higher education |
25. | Relationships which have come to an end |
26. | Liability of employers and principals |
27. | Aiding unlawful acts |
28. | Exception for statutory authority |
29. | Exception for national security etc. |
30. | Effect of certificates by Secretary of State |
31. | Exceptions for positive action |
32. | Exception for retirement |
33. | Exception for the national minimum wage |
34. | Exception for provision of certain benefits based on length of service |
35. | Exception for provision of enhanced redundancy payments to employees |
36. | Exception for provision of life assurance cover to retired workers |
37. | General duty of Commission |
38. | Research and education |
39. | Codes of practice |
40. | Restriction of proceedings for breach of Regulations |
41. | Jurisdiction of industrial tribunals |
42. | Burden of proof: industrial tribunals |
43. | Remedies on complaints in industrial tribunals |
44. | Jurisdiction of county courts |
45. | Burden of proof: county courts |
46. | Help for persons in obtaining information etc. |
47. | Assistance by Commission |
48. | Period within which proceedings to be brought |
49. | Validity of contracts, collective agreements and rules of undertakings |
50. | Application to the Crown etc. |
51. | Duty to consider working beyond retirement |
52. | Duty to consider working beyond retirement – transitional provisions |
53. | Amendments, transitionals, repeals and revocations |
SCHEDULE 1— | Pension schemes |
Part 1— | Pension schemes - general |
Part 2— | Excepted rules, practices, actions and decisions relating to occupational pension schemes |
Part 3— | Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes |
SCHEDULE 2— | Questionnaire of person aggrieved |
SCHEDULE 3— | Reply by respondent |
SCHEDULE 4— | Validity of contracts, collective agreements and rules of undertaking |
Part 1— | Validity and revision of contracts |
Part 2— | Collective agreements and rules of undertakings |
SCHEDULE 5— | Duty to consider working beyond retirement |
SCHEDULE 6— | Duty to consider working beyond retirement – transitional provisions |
SCHEDULE 7— | Amendments to legislation and related transitional provisions |
Part 1— | Primary legislation |
Part 2— | Subordinate legislation |
SCHEDULE 8— | Repeals and revocations |
(4) In these Regulations, references to "employer", in their application to a person at any time seeking to employ another, include a person who has no employees at that time.
Discrimination on grounds of age
3.
—(1) For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if —
Discrimination by way of victimisation
4.
—(1) For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that B has—
or by reason that A knows that B intends to do any of those things, or suspects that B has done or intends to do any of them.
(2) Paragraph (1) does not apply to treatment of B by reason of any allegation made by him, or evidence or information given by him, if the allegation, evidence or information was false and not made (or, as the case may be, given) in good faith.
Instructions to discriminate
5.
For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that—
Harassment on grounds of age
6.
—(1) For the purposes of these Regulations, a person ("A") subjects another person ("B") to harassment where, on grounds of age, A engages in unwanted conduct which has the purpose or effect of—
(2) Conduct shall be regarded as having the effect specified in paragraph (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.
(2) It is unlawful for an employer, in relation to a person whom he employs at an establishment in Northern Ireland, to discriminate against that person—
(3) It is unlawful for an employer, 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.
(4) Subject to paragraph (5), paragraph (1)(a) and (c) do not apply in relation to a person—
(5) Paragraph (4) only applies to a person to whom, if he was recruited by the employer, regulation 32 (exception for retirement) could apply.
(6) Paragraph (2) does not apply to benefits of any description if the employer is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless—
(7) In paragraph (2)(d), reference to the dismissal of a person from employment includes reference—
(8) In paragraph (4), "normal retirement age" is an age of 65 or more which meets the requirements of Article 130ZH of the 1996 Order[8].
Discrimination by persons with statutory power to select employees for others
8.
—(1) It is unlawful for a person who is empowered by virtue of a statutory provision to select or nominate another person for employment by a third person to discriminate against a person, in relation to employment at an establishment in Northern Ireland—
(2) It is unlawful for a person who is empowered by virtue of a statutory provision to select or nominate another person for employment by a third person to subject that other to harassment in relation to employment at an establishment in Northern Ireland.
Exception for genuine occupational requirement etc.
9.
—(1) In relation to discrimination falling within regulation 3 (discrimination on grounds of age)—
where paragraph (2) applies.
(2) This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out—
Contract workers
10.
—(1) It is unlawful for a principal, in relation to contract work at an establishment in Northern Ireland, to discriminate against a contract worker—
(2) It is unlawful for a principal, in relation to contract work at an establishment in Northern Ireland, to subject a contract worker to harassment.
(3) A principal does not contravene paragraph (1)(b) by doing any act in relation to a contract worker where, if the work were to be done by a person taken into the principal's employment, that act would be lawful by virtue of regulation 9 (exception for genuine occupational requirement etc.).
(4) Paragraph (1) does not apply to benefits of any description if the principal is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits by the principal to his contract workers.
(5) In this regulation—
Meaning of employment and contract work at establishment in Northern Ireland
11.
—(1) For the purposes of this Part ("the relevant purposes"), employment is to be regarded as being at an establishment in Northern Ireland if the employee—
(2) This paragraph applies if—
(3) The reference to "employment" in paragraph (1) includes—
(4) For the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Northern Ireland, this regulation has effect as if references to Northern Ireland included any area designated under section 1(7) of the Continental Shelf Act 1964[9], or any part of such an area, in which the law of Northern Ireland applies.
(5) This regulation applies in relation to contract work within the meaning of regulation 10 as it applies in relation to employment; and, in its application to contract work, references to "employee", "employer", and "employment" are references to (respectively) "contract worker", "principal" and "contract work" within the meaning of regulation 10.
Pension schemes
12.
—(1) It is unlawful, except in relation to rights accrued or benefits payable in respect of periods of service prior to 1st October 2006, for the trustees or managers of an occupational pension scheme to discriminate against a member or prospective member of the scheme in carrying out any of their functions in relation to it (including in particular their functions relating to the admission of members to the scheme and the treatment of members of it).
(2) It is unlawful for the trustees or managers of an occupational pension scheme, in relation to the scheme, to subject to harassment a member or prospective member of it.
(3) Schedule 1 (pension schemes) shall have effect for the purposes of—
Office-holders etc.
13.
—(1) It is unlawful for a relevant person, in relation to an appointment to an office or post to which this regulation applies, to discriminate against a person—
(2) It is unlawful, in relation to an appointment to an office or post to which this regulation applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person—
(3) It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this regulation applies, to discriminate against him—
(4) It is unlawful for a relevant person, in relation to an office or post to which this regulation applies, to subject to harassment a person—
(5) Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of regulation 9 (exception for genuine occupational requirement etc); and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of regulation 9 to refuse to offer the person such employment.
(6) Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless—
(7) In paragraph (3)(c), the reference to the termination of the appointment includes a reference—
(8) This regulation applies to—
but not to a political office or a case where regulation 7 (applicants and employees), regulation 8 (discrimination by persons with statutory powers to select employees for others), regulation 10 (contract workers), regulation 17 (barristers), or regulation 18 (partnerships) applies, or would apply but for the operation of any other provision of these Regulations.
(9) For the purposes of paragraph (8)(a), the holder of an office or post—
(10) In this regulation—
(c) "relevant person", in relation to an office or post, means—
(d) references to making a recommendation include references to making a negative recommendation; and
(e) references to refusal include references to deliberate omission.
Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
14.
—(1) For the purposes of this Part, the holding of the office of constable as a police officer shall be treated as employment—
(2) For the purposes of regulation 26 (liability of employers and principals)—
(3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000[11]—
(4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay—
(5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (4).
(6) This regulation—
(7) This regulation is subject to regulation 16 (Serious Organised Crime Agency).
Other police bodies
15.
—(1) For the purposes of this Part, the holding of the office of constable otherwise than as a police officer shall be treated as employment—
(2) For the purposes of regulation 26 (liability of employers and principals)—
(3) There shall be paid out of the police fund—
(4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—
(5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4).
(6) Subject to paragraph (8), in this regulation—
(7) Nothing in paragraphs (3) to (6) applies in relation to the police.
(8) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this regulation to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this regulation to the police authority are references to the relevant police authority for that force.
(9) This regulation is subject to regulation 16 (Serious Organised Crime Agency).
Serious Organised Crime Agency
16.
—(1) For the purposes of this Part, any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as employed by SOCA.
(2) For the purposes of regulation 26 (liability of employers and principals)—
(3) In this regulation, "SOCA" means the Serious Organised Crime Agency established under section 1 of, and Schedule 1 to, the Serious Organised Crime and Police Act 2005[15].
Barristers
17.
—(1) It is unlawful for a barrister, in relation to taking any person as his pupil, to discriminate against a person—
(2) It is unlawful for a barrister, in relation to a person who is his pupil, to discriminate against him—
(3) It is unlawful for a barrister to subject to harassment a person who is his pupil or has applied to be his pupil.
(4) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
(5) In this regulation, "pupil" has the meaning commonly associated with its use in the context of a person training as a barrister.
Partnerships
18.
—(1) It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a person—
(2) It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a person who holds or has applied for that position.
(3) Paragraphs (1)(a) to (c) and (2) apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.
(4) Paragraph (1) does not apply to any act in relation to a position as partner where, if the position were employment, that act would be lawful by virtue of regulation 9 (exception for genuine occupational requirement etc).
(5) In the case of a limited partnership, references in this regulation to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907[16].
(6) This regulation applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
(7) In paragraph (6)—
(8) In this regulation, "firm" has the meaning given by section 4 of the Partnership Act 1890[18].
(9) In paragraph (1)(d), reference to the expulsion of a person from a position as partner includes reference—
Trade organisations
19.
—(1) It is unlawful for a trade organisation to discriminate against a person—
(2) It is unlawful for a trade organisation, in relation to a member of the organisation, to discriminate against him—
(3) It is unlawful for a trade organisation, in relation to a person's membership or application for membership of that organisation, to subject that person to harassment.
(4) In this regulation—
Qualifications bodies
20.
—(1) It is unlawful for a qualifications body to discriminate against a person—
(2) It is unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a person who holds or applies for such a qualification.
(3) In this regulation—
The provision of vocational training
21.
—(1) It is unlawful, in relation to a person seeking or undergoing training, for any training provider to discriminate against him—
(2) It is unlawful for a training provider, in relation to a person seeking or undergoing training, to subject him to harassment.
(3) Paragraph (1) does not apply if the discrimination only concerns training that would only fit a person for employment which, by virtue of regulation 9 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person seeking training.
(4) In this regulation—
Employment agencies, careers guidance etc.
22.
—(1) It is unlawful for an employment agency to discriminate against a person—
(2) It is unlawful for an employment agency, in relation to a person to whom it provides its services, or who has requested it to provide its services, to subject that person to harassment.
(3) Paragraph (1) does not apply to discrimination if it only concerns employment which, by virtue of regulation 9 (exception for genuine occupational requirement etc.), the employer could lawfully refuse to offer the person in question.
(4) An employment agency shall not be subject to any liability under this regulation if it proves that—
(5) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) For the purposes of this regulation—
(b) references to the services of an employment agency include guidance on careers and any other services related to employment.
Assisting persons to obtain employment etc.
23.
—(1) It is unlawful for the Department for Employment and Learning to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under section 1 of the Employment and Training (Northern Ireland) Act 1950[20] (general functions of the Department as to employment and training for employment).
(2) This regulation does not apply in a case where—
Institutions of further and higher education
24.
—(1) It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to discriminate against a person—
(2) It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to subject to harassment a person who is a student at the establishment, or who has applied for admission to the establishment as a student.
(3) Paragraph (1) does not apply if the discrimination only concerns training which would help fit a person for employment which, by virtue of regulation 9 (exception for genuine occupational requirement etc.), the employer could lawfully refuse to offer the person in question.
(4) This regulation applies to the following educational establishments in Northern Ireland, namely—
(5) In this regulation, "student" means any person who receives education at an educational establishment to which this regulation applies.
Relationships which have come to an end
25.
—(1) In this regulation, a "relevant relationship" is a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship ("B") by the other party to it ("A") is unlawful by virtue of any preceding provision of this Part.
(2) Where a relevant relationship has come to an end, it is unlawful for A—
where the discrimination or harassment arises out of and is closely connected to that relationship.
(3) In paragraph (1), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before 1st October 2006, reference to an act of discrimination or harassment which would, after that date, be unlawful.
(4) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Effect of certificates by Secretary of State
30.
—(1) This regulation applies where in any proceedings—
(2) The claimant may, in accordance with rules under section 91 of the Northern Ireland Act 1998[23], appeal against the certificate to the tribunal established under that section.
(3) If on an appeal under paragraph (2) that tribunal determines—
the tribunal shall uphold the certificate; in any other case, the tribunal shall quash the certificate.
(4) If—
the certificate shall be conclusive evidence of the matters certified by it.
(5) Sections 91 and 92 of the Northern Ireland Act 1998 shall apply in relation to appeals under this regulation as they apply in relation to appeals under section 90 of that Act.
(6) In this regulation—
Exceptions for positive action
31.
—(1) Nothing in Part 2 or 3 shall render unlawful any act done in or in connection with—
where it reasonably appears to the person doing the act that it prevents or compensates for disadvantages linked to age suffered by persons of that age or age group doing that work or likely to take up that work.
(2) Nothing in Part 2 or 3 shall render unlawful any act done by a trade organisation within the meaning of regulation 19 (trade organisations) in or in connection with—
where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to age suffered by those of that age or age group holding such posts or likely to hold such posts.
(3) Nothing in Part 2 or 3 shall render unlawful any act done by a trade organisation within the meaning of regulation 19 (trade organisations) in or in connection with encouraging only persons of a particular age or age group to become members of the organisation where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to age suffered by persons of that age or age group who are, or are eligible to become, members.
Exception for retirement
32.
—(1) This regulation applies in relation to an employee within the meaning of Article 3 of the 1996 Order and a person in Crown employment.
(2) Nothing in Part 2 or 3 shall render unlawful the dismissal of a person to whom this regulation applies at or over the age of 65 where the reason for the dismissal is retirement.
(3) For the purposes of this regulation, whether or not the reason for a dismissal is retirement shall be determined in accordance with Articles 130ZA to 130ZH of the 1996 Order[24].
Exception for the national minimum wage
33.
—(1) Nothing in Part 2 or 3 shall render it unlawful for a relevant person ("A") to be remunerated in respect of his work at a rate which is lower than the rate at which another such person ("B") is remunerated for his work where—
(2) Nothing in Part 2 or 3 shall render it unlawful for an apprentice who is not a relevant person to be remunerated in respect of his work at a rate which is lower than the rate at which an apprentice who is a relevant person is remunerated for his work.
(3) In this regulation—
Exception for provision of certain benefits based on length of service
34.
—(1) Subject to paragraph (2), nothing in Part 2 or 3 shall render it unlawful for a person ("A"), in relation to the award of any benefit by him, to put a worker ("B") at a disadvantage when compared with another worker ("C"), if and to the extent that the disadvantage suffered by B is because B's length of service is less than that of C.
(2) Where B's length of service exceeds 5 years, it must reasonably appear to A that the way in which he uses the criterion of length of service, in relation to the award in respect of which B is put at a disadvantage, fulfils a business need of his undertaking (for example, by encouraging the loyalty or motivation, or rewarding the experience, of some or all of his workers).
(3) In calculating a worker's length of service for these purposes, A shall calculate—
and on each occasion on which he decides to use the criterion of length of service in relation to the award of a benefit to workers, it is for him to decide which of these definitions to use to calculate their lengths of service.
(4) For the purposes of paragraph (3), in calculating the length of time a worker has been working for him—
(5) For the purposes of paragraph (3)(b), a worker shall be treated as having worked for A during any period during which he worked for another if—
(6) In paragraph (5)—
(7) In this regulation, "benefit" does not include any benefit awarded to a worker by virtue of his ceasing to work for A.
Exception for provision of enhanced redundancy payments to employees
35.
—(1) Nothing in Part 2 or 3 shall render it unlawful for an employer—
(2) In this regulation—
(3) For an amount to be calculated in accordance with this paragraph it must be calculated in accordance with Article 197(1) to (3) of the 1996 Order.
(4) For an amount to be calculated in accordance with this paragraph—
(c) having made the calculation as in paragraph (3) (whether or not in making that calculation he has done anything mentioned in sub-paragraph (b)) the employer may increase the amount thus calculated by multiplying it by a figure of more than one.
(5) For the purposes of paragraphs (3) and (4), the reference to "the relevant date" in Article 197(1)(a) of the 1996 Order is to be read, in the case of a qualifying employee who agrees to the termination of his employment, as a reference to the date on which that termination takes effect.
Exception for provision of life assurance cover to retired workers
36.
—(1) Where a person ("A") arranges for workers to be provided with life assurance cover after their early retirement on grounds of ill health, nothing in Part 2 or 3 shall render it unlawful—
(2) In this regulation , "normal retirement age", in relation to a worker who has taken early retirement, means the age at which workers in A's undertaking who held the same kind of position as the worker held at the time of his retirement are normally required to retire.
Research and education
38.
—(1) The Commission may undertake or assist (financially or otherwise) the undertaking by other persons of any research, and any educational activities, which appear to the Commission necessary or expedient for the purposes of regulation 37 (general duty of Commission).
(2) The Commission may make charges for educational or other facilities or services made available by it.
Codes of practice
39.
—(1) The Commission may issue codes of practice containing such practical guidance as the Commission thinks fit for all or any of the following purposes, namely—
(2) Without prejudice to the generality of paragraph (1), a code of practice issued under this regulation may include such practical guidance as the Commission thinks fit as to what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing in the course of their employment acts made unlawful by these Regulations.
(3) When the Commission proposes to issue a code of practice, it shall prepare and publish a draft of that code, shall consider any representations made to it about the draft and may modify the draft accordingly.
(4) In the course of preparing any draft code of practice for eventual publication under paragraph (3), the Commission shall consult with—
as appear to the Commission to be appropriate.
(5) The Commission may from time to time revise the whole or any part of a code of practice issued under this regulation and issue that revised code, and paragraphs (3) and (4) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.
may be presented to an industrial tribunal.
(2) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part 2 other than—
(3) In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before 1st October 2006, reference to an act of discrimination or harassment which would, after that date, have been unlawful.
(4) Where a complaint is presented to an industrial tribunal under paragraph (1) and it appears to the tribunal that the act to which the complaint relates is one in respect of which (as being unlawful discrimination within the meaning of the Fair Employment and Treatment (Northern Ireland) Order 1998[32])—
the tribunal shall not proceed further under these Regulations in relation to the complaint unless all proceedings which can be taken under the Fair Employment and Treatment (Northern Ireland) Order 1998 in respect of the act have been disposed of.
Burden of proof: industrial tribunals
42.
—(1) This regulation applies to any complaint presented under regulation 41 to an industrial tribunal.
(2) Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent—
the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Remedies on complaints in industrial tribunals
43.
—(1) Where an industrial tribunal finds that a complaint presented to it under regulation 41 (jurisdiction of industrial tribunals) is well-founded, the tribunal shall make such of the following as it considers just and equitable—
(2) As respects an unlawful act of discrimination falling within regulation 3(1)(b) (discrimination on grounds of age), if the respondent proves that the provision, criterion or practice was not applied with the intention of treating the complainant unfavourably on grounds of age, an order may be made under paragraph (1)(b) only if the industrial tribunal—
(3) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an industrial tribunal under paragraph (1)(c), then, if it thinks it just and equitable to do so—
(4) Where an amount of compensation falls to be awarded under paragraph (1)(b), the tribunal may include in the award interest on that amount subject to, and in accordance with, the provisions of the Industrial Tribunals (Interest on Awards in Age Discrimination Cases) Regulations (Northern Ireland) 2006[33].
(5) This regulation has effect subject to paragraph 6 of Schedule 1 (pension schemes).
Jurisdiction of county courts
44.
—(1) A claim by any person ("the claimant") that another person ("the respondent")—
may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
(2) Proceedings brought under paragraph (1) shall be brought only in a county court.
(3) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
(4) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of —
(5) In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before 1st October 2006, reference to an act of discrimination or harassment which would, after that date, have been unlawful.
Burden of proof: county courts
45.
—(1) This regulation applies to any claim brought under regulation 44(1) in a county court.
(2) Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent—
the court shall uphold the claim unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, the act.
Help for persons in obtaining information etc.
46.
—(1) In accordance with this regulation, a person ("the person aggrieved") who considers he may have been discriminated against, or subjected to harassment, in contravention of these Regulations may serve on the respondent to a complaint presented under regulation 41 (jurisdiction of industrial tribunals) or a claim brought under regulation 44 (jurisdiction of county courts) questions in the form set out in Schedule 2; and the respondent may if he so wishes reply to such questions by way of the form set out in Schedule 3.
(2) Where the person aggrieved questions the respondent (whether in accordance with paragraph (1) or not)—
(3) In proceedings before a county court a question shall only be admissible as evidence in pursuance of paragraph (2)(a)—
(4) In proceedings before an industrial tribunal, a question shall only be admissible as evidence in pursuance of paragraph (2)(a)—
(b) where it was so served when a complaint had been presented to the tribunal, either—
(5) A question and any reply thereto may be served on the respondent or, as the case may be, on the person aggrieved—
(6) This regulation is without prejudice to any other statutory provision or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any statutory provision or rule of law regulating the admissibility of evidence in such proceedings.
(7) In this regulation, "respondent" includes a prospective respondent.
Assistance by Commission
47.
—(1) Where, in relation to proceedings or prospective proceedings under these Regulations, an individual who is an actual or prospective complainant applies to the Commission for assistance under this regulation, the Commission shall consider the application and may grant it if it thinks fit to do so—
(2) Assistance by the Commission under this regulation may include—
but sub-paragraph (d) shall not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend, and address the court in, any proceedings.
(3) In so far as expenses are incurred by the Commission in providing the applicant with assistance under this regulation, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules or regulations) shall constitute a first charge for the benefit of the Commission—
(4) The charge conferred by paragraph (3) is subject to any charge under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[35] and is subject to any provision in that Order for payment of any sum into the legal aid fund.
(5) In this regulation "respondent" includes a prospective respondent and "rules or regulations"—
Period within which proceedings to be brought
48.
—(1) An industrial tribunal shall not consider a complaint under regulation 41 (jurisdiction of industrial tribunals) unless it is presented to the tribunal before the end of the period of three months beginning when the act complained of was done.
(2) Where the period within which a complaint must be presented in accordance with paragraph (1) is extended by regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004[37], the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (1).
(3) A county court shall not consider a claim brought under regulation 44 (jurisdiction of county courts) unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
(4) A court or tribunal may nevertheless consider any such complaint or claim which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(5) For the purposes of this regulation and regulation 46 (help for persons in obtaining information etc)—
and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this regulation to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
as they apply to an act done by a private person.
(2) These Regulations apply to Crown employment as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service, and references to dismissal included references to termination of Crown employment.
(3) Paragraphs (1) and (2) have effect subject to paragraph (4) and regulations 14 (Police Service of Northern Ireland and Police Service of Northern Ireland Reserve), 15 (other police bodies) and 16 (Serious Organised Crime Agency).
(4) These Regulations do not apply to service in any of the naval, military or air forces of the Crown.
(5) Regulation 11(3) (meaning of employment and contract work at establishment in Northern Ireland) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft specified in regulation 11(3)(a) or (b).
(6) The provisions of Parts II to IV of the Crown Proceedings Act 1947[38] shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Northern Ireland which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations section 20 of that Act (removal and transfer of proceedings) shall not apply.
Duty to consider working beyond retirement
51.
Schedule 5, which sets out the procedure to be followed if an employer (within the meaning of that Schedule) is to be retired, shall have effect.
Duty to consider working beyond retirement – transitional provisions
52.
Schedule 6, which sets out transitional provisions in relation to the duty to consider working beyond retirement, shall have effect.
Amendments, transitionals, repeals and revocations
53.
—(1) Schedule 7, which contains amendments to legislation and related transitional provisions, shall have effect.
(2) Schedule 8, which contains repeals and revocations, shall have effect.
Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on
13th June 2006
L.S.
Laurene McAlpine
A senior officer of the Office of the First Minister and deputy First Minister
(2) In this Schedule, subject to sub-paragraphs (3) and (4), "occupational pension scheme" means an occupational pension scheme within the meaning of section 1(1) of the 1993 Act[44].
(3) In relation to rules, practices, actions and decisions identified at paragraph 7(a), "occupational pension scheme" means an occupational pension scheme within the meaning of section 1(1) of the 1993 Act under which only retirement benefit activities within the meaning of Article 232(4) of the 2005 Order are carried out.
(4) In relation to rules, practices, actions and decisions identified at paragraphs 12, 13 and 30, "occupational pension scheme" means an occupational pension scheme within the meaning of either section 1(1) of the 1993 Act or section 150(5) of the 2004 Act.
(5) In this Schedule, scheme means an occupational pension scheme, construed in accordance with sub-paragraphs (2) to (4).
(6) In this Schedule, in relation to a scheme—
(7) In their application to a scheme which is divided into two or more sections, the provisions of this Schedule shall apply as if each section of the scheme was a separate scheme.
(8) In this Schedule—
references to contributions under a money purchase arrangement shall be construed as including amounts credited to a member's account whether or not they reflect payments actually made under the scheme.
(9) Any term used in regulation 12 (pension schemes) shall have the same meaning in that regulation as it has in this Schedule.
Non-discrimination rule
2.
—(1) Every scheme shall be treated as including a provision ("the non-discrimination rule") containing a requirement that the trustees or managers of the scheme refrain from doing any act which is unlawful by virtue of regulation 12.
(2) The other provisions of the scheme are to have effect subject to the non-discrimination rule.
(3) The trustees or managers of a scheme may—
Exception for rules, practices, actions and decisions relating to occupational pension schemes
3.
Nothing in Part 2 or 3 of these Regulations shall render it unlawful for an employer, or for trustees or managers, to maintain or use, in relation to a scheme, any of the rules, practices, actions or decisions set out in Part 2 of this Schedule.
Exception for rules, practices, actions and decisions relating to contributions by employers to personal pension schemes
4.
Nothing in Part 2 or 3 of these Regulations shall render it unlawful for an employer, in relation to the payment of contributions to any personal pension scheme in respect of a worker, to maintain or use any of the rules, practices, actions or decisions set out in Part 3 of this Schedule.
Procedure in industrial tribunals
5.
Where under regulation 41 (jurisdiction of industrial tribunals) a member or prospective member of a scheme presents to an industrial tribunal a complaint that the trustees or managers of the scheme—
the employer in relation to the scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
Remedies in industrial tribunals
6.
—(1) This paragraph applies where—
(2) Where this paragraph applies, the industrial tribunal may, without prejudice to the generality of its power under regulation 43(1)(a) (power to make order declaring rights of complainant and respondent), make an order declaring that the complainant has a right—
(3) An order under sub-paragraph (2)—
(4) Where this paragraph applies, the industrial tribunal may not make an order for compensation under regulation 43(1)(b), whether in relation to arrears of benefits or otherwise, except—
The use of age criteria in actuarial calculations
8.
The use of age criteria in actuarial calculations, for example in the actuarial calculation of—
Contributions
9.
Any difference in the rate of member or employer contributions by or in respect of different members to the extent that this is attributable to any differences in the pensionable pay of those members.
Contributions under money purchase arrangements
10.
Under a money purchase arrangement—
(b) equal rates of member or employer contributions irrespective of the age of the members by or in respect of whom contributions are made.
Contributions under defined benefits arrangements
11.
Under a defined benefits arrangement, different rates of member or employer contributions according to the age of the members by or in respect of whom contributions are made, to the extent that—
Age related rules, practices, actions and decisions relating to benefit
12.
A minimum age for entitlement to or payment of any age related benefit to a member, provided that, in the case of any age related benefit paid under a defined benefits arrangement before any early retirement pivot age—
13.
In relation to workers who are active or prospective members of a scheme on 1st October 2006, a minimum age for entitlement to or payment of any age related benefit to such members under defined benefit arrangements before any early retirement pivot age, where such benefit is calculated in one or both of the following ways—
14.
An early retirement pivot age or a late retirement pivot age, including different such ages for different groups or categories of member.
15.
The enhancement of any age related benefit in the event of a member's retirement before any early retirement pivot age on ill health grounds, where that enhancement is calculated by reference to the years of pensionable service which that member would have completed if he had continued in pensionable service up to the age specified for that purpose in the scheme rules.
16.
Any rule, practice, action or decision whereby a male member who reaches pensionable age is not entitled or is no longer entitled to any additional amount of pension which would have been payable to such a member before pensionable age in the circumstances prescribed for the purposes of Article 64(2) of the 1995 Order by regulation 13 of the Occupational Pension Schemes (Equal Treatment) Regulations (Northern Ireland) 1995[49].
17.
The reduction of any pension payable in consequence of a member's death to any dependant of the member where that dependant is more than a specified number of years younger than the member.
18.
In relation to pensioner members who have retired on ill health grounds before any early retirement pivot age, discontinuation of any life assurance cover once any such members reach the normal retirement age which applied to them at the time they retired, or in relation to members to whom no such normal retirement age applied, once such members reach the age of 65.
Other rules, practices, actions and decisions relating to benefit
19.
Any difference in the amount of any age related benefit or death benefit payable under a defined benefits arrangement to or in respect of members with different lengths of pensionable service to the extent that the difference in amount is attributable to their differing lengths of service, provided that, for each year of pensionable service, members in a comparable situation are entitled to accrue a right to benefit based upon the same fraction of pensionable pay.
20.
Any difference in the amount of any age related benefit or death benefit payable from a scheme to or in respect of different members to the extent that the difference in amount is attributable to differences over time in the pensionable pay of those members.
21.
Any limitation of the amount of any age related benefit or death benefit payable from a scheme where the limitation results from imposing a maximum number of years of service by reference to which such benefit may be calculated.
22.
Any rule, practice, action or decision whereby any age related benefit or death benefit is only payable to or in respect of members who have completed a minimum period of service, provided that such a minimum period is not longer than 2 years qualifying service within the meaning of section 67(7) of the 1993 Act).
23.
Any limitation on the amount of any age related benefit or death benefit payable from a scheme where the limitation results from imposing a minimum level of pensionable pay by reference to which any such benefit may be calculated, provided that such a minimum is not above the lower earnings limit referred to in section 5(1) of the 1992 Act.
24.
Any limitation on the amount of any age related benefit or death benefit payable from a scheme where the limitation results from imposing a maximum level of pensionable pay by reference to which such benefit may be calculated.
Closure of schemes
25.
The closure of a scheme, from a particular date, to workers who have not already joined it.
Other rules, practices, actions and decisions
26.
Increases of pensions in payment which are made to members over 55 but not to members below that age.
27.
Any difference in the rate of increase of pensions in payment for members of different ages to the extent that the aim in setting the different rates is to maintain the relative value of members' pensions.
28.
Any difference in the rate of increase of pensions in payment for members whose pensions have been in payment for different lengths of time to the extent that the aim in setting the different rates is to maintain the relative value of members' pensions.
29.
The application of an age limit for transfer of the value of a member's accrued rights into or out of a scheme, provided that any such age limit is not more than one year before the member's normal pension age.
Registered pension schemes
30.
—(1) Subject to sub-paragraph (2), any rules, practices, actions or decisions relating to entitlement to or payment of benefits under a registered pension scheme insofar as compliance is necessary to secure any tax relief or exemption available under Part 4 of the 2004 Act or to prevent any charge to tax arising under that Part of that Act, whoever is liable in relation to such charge.
(2) Sub-paragraph (1) does not apply to any rules, practices, actions or decisions setting a minimum age for entitlement to or payment of any age related benefit .
32.
Any difference in the rate of contributions by an employer in respect of different workers to the extent that this is attributable to any differences in remuneration payable to those workers.
4.
(Any other questions you wish to ask.)
5.
My address for any reply you may wish to give to the question raised above is [that set out in paragraph 1(1) above] [the following address............................].
............................(signature of questioner)
............................(date)
N.B.—By virtue of regulation 46 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 this questionnaire and any reply are (subject to the provisions of that regulation) admissible in proceedings under the Regulations. A court or tribunal may draw any such inference as is just and equitable from a failure without reasonable excuse to reply within eight weeks of service of this questionnaire, or from an evasive or equivocal reply, including an inference that the person questioned has committed an unlawful act.
(2) Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit any provision of these Regulations is unenforceable by any person in whose favour the term would operate apart from this paragraph.
(4) Sub-paragraphs (1), (2) and (3) shall apply whether the contract was entered into before or after 1st October 2006; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date.
2.
—(1) Paragraph 1(3) does not apply—
(2) The conditions regulating compromise contracts under this Schedule are that—
(3) A person is a relevant independent adviser for the purposes of sub-paragraph (2)(c)—
(4) But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant—
(5) In sub-paragraph (3)(a) "qualified lawyer" means a barrister (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.
(6) In sub-paragraph (3)(b) "independent trade union" has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992[50].
(7) For the purposes of sub-paragraph (4)(a) any two persons are to be treated as connected—
(8) An agreement under which the parties agree to submit a dispute to arbitration—
(b) shall be regarded as neither being nor including such a contract in any other case.
3.
—(1) On the application of a person interested in a contract to which paragraph 1(1) or (2) applies, a county court may make such order as it thinks fit for—
but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under county court rules notice may be dispensed with) and have been afforded an opportunity to make representations to the court.
(2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after 1st October 2006).
(2) Any term or rule to which this Part of this Schedule applies is void where—
(3) Sub-paragraph (2) shall apply whether the agreement was entered into, or the rule made, before or after 1st October 2006; but in the case of an agreement entered into, or a rule made, before 1st October 2006, that sub-paragraph does not apply in relation to any period before that date.
5.
A person to whom this paragraph applies may present a complaint to an industrial tribunal that a term or rule is void by virtue of paragraph 4 if he has reason to believe—
6.
In the case of a complaint about—
(b) a rule made by an employer within the meaning of paragraph 4(1)(b),
paragraph 5 applies to any person who is, or is genuinely and actively seeking to become, one of his employees.
7.
In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any person—
8.
—(1) When an industrial tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void.
(2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after 1st October 2006).
9.
The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely—
as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.
10.
In this Schedule "collective agreement" means any agreement relating to one or more of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992[52] (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.
(2) In this Schedule, "intended retirement date" means—
the date so identified;
(d) in a case to which paragraph 3 has applied, any earlier or later date that has superseded the date mentioned in head (a), (b) or (c) as the intended date of retirement by virtue of paragraph 3(3);
(e) in a case to which paragraph 10 has applied, the later date that has superseded the date mentioned in head (a), (b) or (c) as the intended date of retirement by virtue of paragraph 10(3)(b).
Duty of employer to notify employee
2.
—(1) An employer who intends to retire an employee has a duty to notify the employee in writing of—
not more than one year and not less than six months before that date.
(2) The duty to notify applies regardless of—
3.
—(1) This paragraph applies if the employer has notified the employee in accordance with paragraph 2 or 4 or the employee has made a request before being notified in accordance with paragraph 4 (including where no notification in accordance with that paragraph is given), and—
(2) This Schedule does not require the employer to give the employee a further notification in respect of dismissal taking effect on a date—
(3) If—
the earlier or later date shall supersede the relevant date as the intended date of retirement.
(4) In this paragraph, "the relevant date" means the date that is defined as the intended date of retirement in head (a), (b) or (c) of paragraph 1(2).
Continuing duty to notify employee
4.
Where the employer has failed to comply with paragraph 2, he has a continuing duty to notify the employee in writing as described in paragraph 2(1) until the fourteenth day before the operative date of termination.
Statutory right to request not to retire
5.
—(1) An employee may make a request to his employer not to retire on the intended date of retirement.
(2) In his request the employee must propose that his employment should continue, following the intended date of retirement—
and, if the request is made at a time when it is no longer possible for the employer to notify in accordance with paragraph 2 and the employer has not yet notified in accordance with paragraph 4, must identify the date on which he believes that the employer intends to retire him.
(3) A request must be in writing and state that it is made under this paragraph.
(4) An employee may only make one request under this paragraph in relation to any one intended date of retirement and may not make a request in relation to a date that supersedes a different date as the intended date of retirement by virtue of paragraph 3(3) or 10(3)(b).
(5) A request is only a request made under this paragraph if it is made—
An employer's duty to consider a request
6.
An employer to whom a request is made is under a duty to consider the request in accordance with paragraphs 7 to 9.
Meeting to consider request
7.
—(1) An employer having a duty under paragraph 6 to consider a request shall hold a meeting to discuss the request with the employee within a reasonable period after receiving it.
(2) The employer and employee must take all reasonable steps to attend the meeting.
(3) The duty to hold a meeting does not apply if, before the end of the period that is reasonable—
(4) The duty to hold a meeting does not apply if—
(5) Where sub-paragraph (4)(a) applies, the employer may consider the request without holding a meeting provided he considers any representations made by the employee.
(6) The employer shall give the employee notice of his decision on the request as soon as is reasonably practicable after the date of the meeting or, if sub-paragraphs (4) and (5) apply, his consideration of the request.
(7) A notice given under sub-paragraph (6) shall—
(b) where the decision is to refuse the request, confirm that the employer wishes to retire the employee and the date on which the dismissal is to take effect,
and, in the case of a notice falling within head (b), and of a notice referred to in head (a) that specifies a period shorter than the period proposed by the employee in the request, shall inform the employee of his right to appeal.
(8) All notices given under this paragraph shall be in writing and be dated.
Appeals
8.
—(1) An employee is entitled to appeal against—
by giving notice in accordance with sub-paragraph (2) as soon as is reasonably practicable after the date of the notice given under paragraph 7(6).
(2) A notice of appeal under sub-paragraph (1) shall set out the grounds of appeal.
(3) The employer shall hold a meeting with the employee to discuss an appeal within a reasonable period after the date of the notice of appeal.
(4) The employer and employee must take all reasonable steps to attend the meeting.
(5) The duty to hold a meeting does not apply if, before the end of the period that is reasonable—
(6) The duty to hold a meeting does not apply if—
(7) Where sub-paragraph (6)(a) applies, the employer may consider the appeal without holding a meeting provided he considers any representations made by the employee.
(8) The employer shall give the employee notice of his decision on the appeal as soon as is reasonably practicable after the date of the meeting or, if sub-paragraphs (6) and (7) apply, his consideration of the appeal.
(9) A notice given under sub-paragraph (8) shall—
(b) where the decision is to refuse the appeal, confirm that the employer wishes to retire the employee and the date on which the dismissal is to take effect.
(10) All notices given under this paragraph shall be in writing and be dated.
Right to be accompanied
9.
—(1) This paragraph applies where—
(2) Where this paragraph applies, the employer must permit the employee to be accompanied at the meeting by one companion who—
(3) If—
the employer must postpone the meeting to the time proposed by the employee.
(4) An alternative time must—
(5) An employer shall permit a worker to take time off during working hours for the purpose of accompanying an employee in accordance with a request under sub-paragraph (1)(b).
(6) Articles 92(3) and (4), 93 and 95 of the 1996 Order (time off for carrying out trade union duties) shall apply in relation to sub-paragraph (5) as they apply in relation to Article 92(1) of that Order.
Dismissal before request considered
10.
—(1) This paragraph applies where—
(2) Subject to paragraph (4), the contract of employment shall continue in force for all purposes, including the purpose of determining for any purpose the period for which the employee has been continuously employed, until the day following that on which the notice under paragraph 7(6) is given.
(3) The day following the day on which that notice is given shall supersede—
(4) Any continuation of the contract of employment under sub-paragraph (2) shall be disregarded when determining the operative date of termination for the purposes of Articles 130ZA to 130ZH of the 1996 Order[54].
Complaint to industrial tribunal: failure to comply with paragraph 2
11.
—(1) An employee may present a complaint to an industrial tribunal that his employer has failed to comply with the duty to notify him in paragraph 2.
(2) A tribunal shall not consider a complaint under this paragraph unless the complaint is presented—
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
(3) Where a tribunal finds that a complaint under this paragraph is well-founded, it shall order the employer to pay compensation to the employee of such amount, not exceeding 8 weeks' pay, as the tribunal considers just and equitable in all the circumstances.
(4) Chapter IV of Part I of the 1996 Order (a week's pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter the calculation date shall be taken to be the date on which the complaint was presented or, if earlier, the operative date of termination.
(5) The limit in Article 23(1) of the 1996 Order[55] (maximum amount of a week's pay) shall apply for the purposes of sub-paragraph (3).
Complaint to industrial tribunal: denial of right to be accompanied
12.
—(1) An employee may present a complaint to an industrial tribunal that his employer has failed, or threatened to fail, to comply with paragraph 9(2) or (3).
(2) A tribunal shall not consider a complaint under this paragraph in relation to a failure or threat unless the complaint is presented—
(3) Where a tribunal finds that a complaint under this paragraph is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.
(4) Chapter IV of Part I of the 1996 Order (a week's pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter the calculation date shall be taken to be the date on which the relevant meeting took place (or was to have taken place).
(5) The limit in Article 23(1) of the 1996 Order (maximum amount of a week's pay) shall apply for the purposes of sub-paragraph (3).
Detriment and dismissal
13.
—(1) An employee has the right not to be subjected to any detriment by any act by his employer done on the ground that he exercised or sought to exercise his right to be accompanied in accordance with paragraph 9.
(2) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he accompanied or sought to accompany an employee pursuant to a request under paragraph 9.
(3) Article 71 of the 1996 Order[56] (complaints to industrial tribunals) shall apply in relation to contraventions of sub-paragraph (1) or (2) as it applies in relation to contraventions of certain Articles of that Order.
(4) Sub-paragraph (2) does not apply where the worker is an employee and the detriment in question amounts to dismissal (within the meaning of Part XI of the 1996 Order).
(5) An employee who is dismissed shall be regarded for the purposes of Part XI of the 1996 Order as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he—
(6) Articles 163 to 167 of the 1996 Order (interim relief) shall apply in relation to dismissal for the reason specified in sub-paragraph (5)(a) or (b) as they apply in relation to dismissal for a reason specified in Article 163(1)(b) of that Order.
2.
—(1) This paragraph applies in a case where—
(b) the expiry date falls before 1st April 2007; and
(c) the employer has made the employee aware, before 1st October 2006, that the employer considers that the employee is being retired on the expiry date.
(2) Where this paragraph applies and the employer on or as soon as is practicable after 1st October 2006 notifies the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 5—
(3) Where this paragraph applies and the employer does not, on or as soon as is practicable after 1st October 2006, notify the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 5—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
3.
—(1) This paragraph applies in a case where the employer has given notice of dismissal to the employee before 1st October 2006 and—
(2) Where this paragraph applies—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
4.
—(1) This paragraph applies in a case where—
(b) the expiry date falls before 1st April 2007.
(2) Where this paragraph applies and the employer notifies the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 5 before, or on the same day as, the day on which notice of dismissal is given—
(3) Where this paragraph applies but the employer does not notify the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 5 before, or on the same day as, the day on which notice of dismissal is given—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
5.
—(1) This paragraph applies in a case where—
(b) the period of notice expires on a date falling before 1st April 2007.
(2) Where this paragraph applies—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
6.
In every case to which paragraph 2, 3, 4 or 5 applies—
(3) In section 167(1)[59] (interpretation of Part XII etc.)—
(4) Sub-paragraph (3) applies in relation to any case where the expected week of confinement begins on or after 14th January 2007.
(5) In section 167ZJ[60] (Part XIIZA: supplementary)—
(b) in subsection (2) omit paragraph (b) and the word "and" preceding it.
(6) Sub-paragraph (5) applies in relation to an entitlement to—
(7) In section 167ZS[61] (Part XIIZB: supplementary)—
(b) in subsection (2) omit paragraph (b) and the word "and" preceding it.
(8) Sub-paragraph (7) applies in relation to an entitlement to statutory adoption pay in respect of children—
(9) In Schedule 11 omit paragraph 2(a)[62] (period of entitlement not to arise if at the relevant date the employee is over 65).
(10) Sub-paragraph (9) applies in relation to a period of incapacity for work which—
(11) But in a case falling within sub-paragraph (10)(b), sub-paragraph (9) does not affect the application of paragraph 1 of Schedule 11 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in relation to the part of the period of incapacity for work that falls before 1st October 2006.
The Statutory Sick Pay (Northern Ireland) Order 1994
2.
—(1) The Statutory Sick Pay (Northern Ireland) Order 1994[63] shall be amended in accordance with this paragraph.
(2) In Article 3(2) (restriction of employers' right of recovery) omit the words after sub-paragraph (b).
The Employment Rights (Northern Ireland) Order 1996
3.
—(1) The 1996 Order[64] shall be amended in accordance with sub-paragraphs (2) to (15).
(2) In Article 7 (period of continuous employment)—
(3) Article 130[65] (fairness: general) shall be amended as follows—
(b) after paragraph (2) insert—
(4) After Article 130 insert—
(2) Retirement of the employee shall not be taken to be the reason (or a reason) for the dismissal.
No normal retirement age: dismissal at or after 65
130ZB.
—(1) This Article applies to the dismissal of an employee if—
(2) In a case where—
retirement of the employee shall be taken to be the only reason for dismissal by the employer and any other reason shall be disregarded.
(3) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(4) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(5) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 5 to the 2006 Regulations, particular regard shall be had to the matters in Article 130ZF when determining the reason (or principal reason) for dismissal.
Normal retirement age: dismissal before retirement age
130ZC.
—(1) This Article applies to the dismissal of an employee if—
(2) Retirement of the employee shall not be taken to be the reason (or a reason) for the dismissal.
Normal retirement age 65 or higher: dismissal at or after retirement age
130ZD.
—(1) This Article applies to the dismissal of an employee if—
(2) In a case where—
retirement of the employee shall be taken to be the only reason for the dismissal by the employer and any other reason shall be disregarded.
(3) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(4) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(5) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 5 to the 2006 Regulations, particular regard shall be had to the matters in Article 130ZF when determining the reason (or principal reason) for dismissal.
Normal retirement age below 65: dismissal at or after retirement age
130ZE.
—(1) This Article applies to the dismissal of an employee if—
(2) If it is unlawful discrimination under the 2006 Regulations for the employee to have that normal retirement age, retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(3) Paragraphs (4) to (7) apply if it is not unlawful discrimination under the 2006 Regulations for the employee to have that normal retirement age.
(4) In a case where—
retirement of the employee shall be taken to be the only reason for dismissal by the employer and any other reason shall be disregarded.
(5) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(6) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(7) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 5 to the 2006 Regulations, particular regard shall be had to the matters in Article 130ZF when determining the reason (or principal reason) for dismissal.
Reason for dismissal: particular matters
130ZF.
—(1) These are the matters to which particular regard is to be had in accordance with Article 130ZB(5), 130ZD(5) or 130ZE(7)—
(2) In paragraph (1)(b), "notified retirement date" means the date notified to the employee in accordance with paragraph 4 of Schedule 5 to the 2006 Regulations as the date on which the employer intends to retire the employee.
Retirement dismissals: fairness
130ZG.
—(1) This Article applies if the reason (or principal reason) for a dismissal is retirement of the employee.
(2) The employee shall be regarded as unfairly dismissed if, and only if, there has been a failure on the part of the employer to comply with an obligation imposed on him by any of the following provisions of Schedule 5 to the 2006 Regulations—
Interpretation
130ZH.
In Articles 130ZA to 130ZG—
(5) In Article 140 (qualifying period of employment), in paragraph (3) (cases where no qualifying period of employment is required)—
(6) Omit Article 141 (upper age limit).
(7) In Article 146(5)(a)[68] (the remedies: orders and compensation), after "Article" insert "130ZG or".
(8) In Article 153 (basic award) omit paragraphs (4) and (5).
(9) In Article 154(1A)(a)[69] (basic award: minimum in certain cases), after "Article" insert "130ZG or".
(10) In Article 160(1)[70] (acts which are both unfair dismissal and discrimination), for sub-paragraph (b) substitute—
(11) Omit Article 191 (upper age limit).
(12) Omit Article 193 (pension rights).
(13) In Article 197 (amount of a redundancy payment)—
(14) In relation to any case where the date that is the relevant date by virtue of Article 188 of the 1996 Order falls before 1st October 2006, sub-paragraphs (11) to (13) do not apply.
(15) In Article 250(2) (powers to amend Order) omit "141(1)".
The Industrial Tribunals (Northern Ireland) Order 1996
4.
Article 20(1)(a) of the Industrial Tribunals (Northern Ireland) Order 1996[71] (cases where conciliation provisions apply) shall be amended as follows—
The Fair Employment and Treatment (Northern Ireland) Order 1998
5.
—(1) The Fair Employment and Treatment (Northern Ireland) Order 1998[72] shall be amended in accordance with sub-paragraphs (2) to (4).
(2) In Article 85(1) (procedure for matters within jurisdiction of industrial tribunal)—
(b) in sub-paragraph (b)[74] after "(Northern Ireland) 2003" insert "or the Employment Equality (Age) Regulations (Northern Ireland) 2006".
(3) In Article 85(3)(b), after head (iv)[75], insert—
(4) In Schedule 2A[76]—
(b) in paragraph 1(2), omit the words "as at 10th December 2003".
The Employment (Northern Ireland) Order 2003
6.
In the Employment (Northern Ireland) Order 2003[77] at the end of each of the following Schedules—
insert—
The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982
8.
—(1) The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982[79] shall be amended in accordance with sub-paragraphs (2) and (3).
(2) In regulation 16 (meaning of "employee")—
(b) after paragraph (1) insert—
(3) In regulation 17(2) (meaning of "earnings")—
The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987
9.
—(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987[80] shall be amended in accordance with sub-paragraphs (2) to (4).
(2) In regulation 17 (meaning of "employee")—
(b) after paragraph (1) insert—
(3) In regulation 20(2) (meaning of "earnings")—
(4) Sub-paragraph (3) applies in relation to any case where the expected week of confinement begins on or after 14th January 2007.
The Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996
10.
Regulation 3 of the Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996[81] shall be amended as follows—
The Petshops Regulations (Northern Ireland) 2000
11.
In the Schedule to the Petshops Regulations (Northern Ireland) 2000[82] (conditions for keeping petshops)—
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002
12.
—(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002[83] shall be amended in accordance with sub-paragraphs (2) and (3).
(2) In regulation 32 (treatment of persons as employees)—
(b) after paragraph (1) insert—
(3) In regulation 39(2) (meaning of "earnings")—
The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
13.
—(1) Schedule 1 to the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003[84] shall be amended in accordance with sub-paragraphs (2) and (3).
(2) In paragraph 1(1)—
(3) In paragraph 1(2), omit the words "as at 2nd December 2003".
The Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004
14.
—(1) The Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004[85] shall be amended in accordance with sub-paragraphs (2) to (4).
(2) In regulation 4(1) (dismissals to which the dismissal and disciplinary procedures do not apply)—
(3) In regulation 7(3) (circumstances in which parties are treated as complying with the grievance procedures) at the end add—
(4) In regulation 14(2) (questions to obtain information not to constitute statement of grievance) at the end add—
The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005
15.
—(1) The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005[86] shall be amended in accordance with sub-paragraphs (2) to (4).
(2) In regulation 2(1) (interpretation), immediately after the definition of "the Sexual Orientation Regulations" there shall be inserted the following definition—
(3) Rule 22 of Schedule 1 (fixed period for conciliation) shall be amended as follows—
(4) In rule 60(9) of Schedule 1 (notices, etc.) for "or the Sexual Orientation Regulations" there shall be substituted ", the Sexual Orientation Regulations or the Age Regulations".
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|
Short title | Extent of repeal |
The Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)) | Section 44 |
The Weights and Measures (Northern Ireland) Order 1981 (N.I. 10) | Article 40(3) |
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7) |
In section 159(1), in the definition of "employee", paragraph (b) and the word "and" preceding it In section 167(1), in the definition of "employee", paragraph (b) and the word "and" preceding it In section 167ZJ(2), paragraph (b) and the word "and" preceding it In section 167ZS(2), paragraph (b) and the word "and" preceding it In Schedule 11, paragraph 2(a) |
The Statutory Sick Pay (Northern Ireland) Order 1994 (N.I. 5) | In Article 3(2), the words after sub-paragraph (b) |
The Employment Rights (Northern Ireland) Order 1996 (N.I. 16) |
Article 7(2) In Article 140(3), sub-paragraph (o), the word "or" at the end Article 141 Article 153(4) and (5) Article 191 Article 193 Article 197(4), (5) and (8) In Article 250(2), the words "141(1)" |
The Industrial Tribunals (Northern Ireland) Order 1996 (N.I. 18) | In Article 20(1)(a)(iv), the word "or" at the end |
The Social Security (Northern Ireland) Order 1998 (N.I. 10) | In Schedule 6, paragraphs 55 and 56 |
The Fair Employment and Treatment (Northern Ireland) Order 1998 (N.I. 21) |
In Schedule 2A, paragraph 1(1), in the definition of "active member", "deferred member", "managers", "pensioner member" and "trustees or managers" the words "as at 10th December 2003" In Schedule 2A, paragraph 1(1), in the definition of "occupational pension scheme" the words "as at 10th December 2003" In Schedule 2A, paragraph 1(2), the words "as at 10th December 2003" |
|
|
Title | Extent of revocation |
The Contracts of Employment and Redundancy Payments (Pensions) Regulations (Northern Ireland) 1965 (S.R. & O (N.I.) 1965 No 246) | The whole Regulations |
The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (S.R. 1982 No. 263) | In regulation 16(1), the words "over the age of 16" |
The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 30) | In regulation 17(1), the words "over the age of 16" |
The Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 604) | In regulation 3(d), the word "or" at the end |
The Petshops Regulations (Northern Ireland) 2000 (S.R. 2000 No. 405) | In the Schedule, paragraph 2 |
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 378) | In regulation 32(1), the words "over the age of 16" |
The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 497) |
In Schedule 1, paragraph 1(1), in the definition of "active member", "deferred member", "managers", "pensioner member" and "trustees or managers" the words "as at 2nd December 2003" In Schedule 1, paragraph 1(1), in the definition of "occupational pension scheme" the words "as at 2nd December 2003" In Schedule 1, paragraph 1(2), the words "as at 2nd December 2003" |
The Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 521) | In regulation 4(1)(f), the word "or" at the end |
The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) | In Schedule 1, rule 22, paragraph (1)(e), the word "and" at the end |
[2] See the European Communities (Designation) (No. 3) Order 2002 (S.I. 2002/1819)back
[4] S.I. 1996/1919 (N.I. 16)back
[6] S.I. 1986/594 (N.I. 3)back
[8] Article 130ZH of the 1996 Order is inserted into that Order by regulation 53(1) of, and paragraph 3(4) of Schedule 7 to, these Regulationsback
[19] S.I. 1986/594 (N.I.3)back
[20] 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I.)); see also Article 4(b) of S.R. 1999 No. 481back
[21] S.I. 1997/1772 (N.I.15)back
[22] S.I. 1993/2810 (N.I.12); Article 30(3) was amended by Article 25 of, and Schedule 4 to, the Further Education (Northern Ireland) Order 1997 and by Article 11(2) of the Colleges of Education (Northern Ireland) Order 2005 (S.I. 2005/1963 (N.I. 13))back
[24] Articles 130ZA to 130ZH are inserted by regulation 53(1) of, and paragraph 3(4) of Schedule 7 to, these Regulations.back
[25] 1998 c. 39. The hourly rate is prescribed in regulation 11 of the National Minimum Wage Regulations 1999 (S.I. 1999/584) and that rate has most recently been amended by regulation 2 of the National Minimum Wage Regulations (Amendment) Regulations 2005 (S.I. 2005/2019)back
[26] S.I. 1999/584; Regulation 12(3) was substituted by S.I. 2000/1989 and amended by S.I. 2004/1930back
[27] A person qualifies for the national minimum wage if he is a person who – (a) is a worker; (b) is working, or ordinarily work, in the United Kingdom under a contract; and (c) has ceased to be of compulsory school age; see section 1(2) of the National Minimum Wage Act 1998back
[28] S.R. 1999 No. 409: see paragraph 2 of Part I of Schedule 2back
[29] Paragraphs (4), (5) and (8) of Article 197 of the 1996 Order are repealed by regulation 53(2) of, and Schedule 8 to, these Regulationsback
[30] Article 23(1) was amended by paragraph 4 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and paragraph 2(2) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15). The amount laid down in Article 23(1) may be increased or decreased by order made by the Department for Employment and Learning under Article 33 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)); see S.R. 2006 No. 75back
[32] S.I. 1998/3162 (N.I. 21)back
[34] S.I. 1992/807 (N.I. 5)back
[35] S.I. 1981/228 (N.I. 8)back
[36] S.I. 1996/1921 (N.I. 18)back
[41] S.I. 1995/3213 (N.I. 22)back
[43] S.I. 2005/255 (N.I. 1)back
[44] Section 1 was amended by Article 216 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))back
[45] Relevant amendments have been made to section 121(1) by Article 123 of, and paragraph 9(a) of Schedule 2 to, the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))back
[46] Relevant amendments have been made to Article 121(1) by Article 291 of, and Schedule 11 to, the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))back
[47] Relevant amendments have been made to Article 121(1) by section 52 of, and paragraph 5(3) of Schedule 5 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 c.4 (N.I.)back
[48] Section 5 was substituted by paragraph 1 of Schedule 10 to the Welfare Reform and Pensions Act 1999 c. 30back
[49] S.R. 1995 No. 482; to which there are amendments not relevant to these Regulationsback
[50] S.I. 1992/807 (N.I. 5)back
[51] Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8))back
[52] For the purposes of the 1992 Order, the term "collective agreement" is defined in Article 2(2) of that Orderback
[53] S.I. 1996/1919 (N.I. 16); Article 127 was amended by Schedule 9 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and regulation 11 of, and paragraph 2(7) of Schedule 2 to, S.R. 2002 No. 298back
[54] Articles 130ZA to 130ZH are inserted by regulation 53 of, and paragraph 3(4) of Schedule 7 to, these Regulationsback
[55] Article 23(1) was amended by paragraph 4 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and paragraph 2(2) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15). The amount laid down in Article 23(1) may be increased or decreased by order made by the Department for Employment and Learning under Article 33 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)): see S.R. 2006 No. 75back
[56] Article 71 was amended by regulation 31(2) of S.R. 1998 No. 386; paragraph 3 of the Schedule to the Employment Rights (Time off for Study or Training) (Northern Ireland) Order 1998 (S.I. 1998/1761 (N.I. 15)); Article 6 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)); paragraph 4 of Schedule 4 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)); paragraph 4(8) of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)); paragraph 2(3) of Schedule 1 to the Tax Credit Act 2002 (c. 21); paragraph 2(3) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and paragraph 20(2) of Schedule 1 to the Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19))back
[58] The definition of "employee" was amended by paragraph 202 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (C.I.). The definition of "employer" was amended by paragraph 55 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back
[59] The definition of "employee" was amended by paragraph 203 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (C.I.). The definition of "employer" was amended by paragraph 56 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back
[60] Section 167ZJ was inserted by Article 5 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))back
[61] Section 167ZS was inserted by Article 6 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))back
[62] Paragraph 2(a) was amended by Article 3(2) of the Statutory Sick Pay (Northern Ireland) Order 1994 (S.I. 1994/766 (N.I. 5))back
[63] S.I. 1994/766 (N.I. 5)back
[64] S.I. 1996/1919 (N.I. 16)back
[65] Article 130 was amended by paragraph 7 of Schedule 4 to, and Schedule 9(2) to, the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I.9)) and paragraph 2(4) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15))back
[66] Sub-paragraph (o) was inserted by regulation 31(2)(b) of S.R. 2005 No. 47back
[67] Sub-paragraph (p) was inserted by paragraph 6(3)(b) of the Schedule to S.R. 2006 No. 48back
[68] Paragraph (5) was inserted by Article 23(3) of the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15))back
[69] Paragraph 154(1A) was inserted by Article 23(5) of the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15))back
[70] Article 160(1)(b) was substituted by Article 15(3) of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), and has been amended since, but the amendments are not relevant for the purposes of these Regulationsback
[71] S.I.1996/1921 (N.I. 18); Article 20(1)(a)(iv) was inserted by paragraph 10 of Schedule 2 to the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) and Article 20(1)(a)(v) was inserted by paragraph 1 of Schedule 5 to S.R. 2003 No. 497back
[72] S.I.1998/3162 (N.I. 21)back
[73] Head (v) was inserted by paragraph 3 of Schedule 5 to S.R. 2003 No. 497back
[74] Sub-paragraph (b) was amended by paragraph 3 of Schedule 5 to S.R. 2003 No. 497back
[75] Head (iv) was inserted by paragraph 3 of Schedule 5 to S.R. 2003 No. 497back
[76] Schedule 2A was inserted by regulation 18(4) of S.R. 2003 No. 520back
[77] S.I. 2003/2902 (N.I. 15)back
[79] S.R. 1982 No. 263; relevant amending Regulations are S.R. 1983 No. 54 and S.R. 1999 No. 117back
[80] S.R. 1987 No. 30; relevant amending Regulations are S.R. 1999 No. 117back
[81] S.R. 1996 No. 604; regulation 3(e) was inserted by regulation 17(c) of S.R. 2004 No. 521back