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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Fair Employment and Treatment (Northern Ireland) Order 1998 (N.I. 21) URL: http://www.bailii.org/nie/legis/num_orders/1998/19983162(02).html |
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| Statutory Instruments 1998 No. 3162 (N.I. 21) The Fair Employment and Treatment (Northern Ireland) Order 1998 - continued |
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Whereas a draft of this Order has been approved by a resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - Title and commencement 1. - (1) This Order may be cited as the Fair Employment and Treatment (Northern Ireland) Order 1998. (2) This Order comes into operation on such day or days as the Secretary of State may by order appoint. General interpretation 2. - (1) Subject to Articles 102 and 103, the Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Northern Ireland Assembly. (2) In this Order -
(b) in relation to a person employed under a contract of service or of apprenticeship or a contract personally to execute any work or labour, the person entitled to the benefit of the contract; (c) in relation to a person who has ceased to be in employment, his former employer;
and "employee", correspondingly, means (except in that Part) such a person as is first mentioned in sub-paragraph (a), (b) or (c) of this definition;
(b) a contract personally to execute any work or labour;
(b) in relation to such an organisation (other than an organisation of workers or employers) also includes any person belonging to a class of person recognised by the organisation as having any particular status in connection with an employment or occupation for the purposes of which the organisation exists, including students and associates,
and "membership" shall be construed accordingly;
(b) in relation to a claim under Article 40, has the meaning given by Article 40(1);
(b) an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 or an institution providing further education in respect of which grants are paid under Article 5(1) of that Order; (c) a college of education within the meaning of the Education and Libraries (Northern Ireland) Order 1986; or (d) a university;
(b) an organisation of employers; (c) any other organisation of persons engaged in a particular employment or occupation, or employments or occupations of any class, for the purposes of which the organisation exists.
(3) In this Order references to a person's religious belief or political opinion include references to -
(b) the absence or supposed absence of any, or any particular, religious belief or political opinion.
(4) In this Order any reference to a person's political opinion does not include an opinion which consists of or includes approval or acceptance of the use of violence for political ends connected with the affairs of Northern Ireland, including the use of violence for the purpose of putting the public or any section of the public in fear.
(b) is subject to any other provision of this Order which is by its express terms limited to acts done in Northern Ireland; and (c) does not apply to references to acts which may be the subject of criminal proceedings under this Order.
(11) References in this Order to a contract include references to a contract which is not governed by the law of Northern Ireland.
(b) discrimination by way of victimisation;
and "discriminate" shall be construed accordingly.
(b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same religious belief or political opinion as that other but -
(ii) which he cannot show to be justifiable irrespective of the religious belief or political opinion of the person to whom it is applied; and (iii) which is to the detriment of that other because he cannot comply with it.
(3) A comparison of the cases of persons of different religious belief or political opinion under paragraph (2) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
(b) he does so for a reason mentioned in paragraph (5).
(5) The reasons are that -
(ii) given evidence or information in connection with such proceedings brought by any person or any investigation under this Order; or (iii) alleged that A or any other person has (whether or not the allegation so states) contravened this Order; or (iv) otherwise done anything under or by reference to this Order in relation to A or any other person; or
(b) A knows that B intends to do any of those things or suspects that B has done, or intends to do, any of those things.
(6) Paragraph (4) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.
(b) he is treated by virtue of any provision of Part V as doing such an act.
"Affirmative action"
(b) the modification or abandonment of practices that have or may have the effect of restricting or discouraging such participation.
(2) In the application of this Article for the purposes of Part VII, references to employment are references to employment within the meaning of that Part.
(b) a person who is seeking to become engaged in, or is engaged in, any occupation,
he has in any circumstances the same opportunity of a kind mentioned in paragraph (4) as that other person has or would have in those circumstances, due allowance being made for any material difference in their suitability.
(b) in relation to an employment oran occupation -
(ii) where services in connection with training for the employment are provided by a person other than the employer, or where services in connection with training for the occupation are provided by any person, the opportunity to have those services on any terms, with access to all benefits connected with them; and (iii) the opportunity to have conferred on him, and to hold, on any terms any qualification which is needed for, or facilitates, his engagement in the employment or the occupation.
(5) Any reference in this Order to the promotion of equality of opportunity includes a reference to the promotion of affirmative action and, accordingly, any reference to action for promoting equality of opportunity includes a reference to affirmative action.
(b) employment on an aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland other than an aircraft or hovercraft while operated in pursuance of a contract with a person who has his principal place of business, or is ordinarily resident, outside the United Kingdom,
but for the purposes of this Order such employment is to be regarded as being employment in Northern Ireland unless the employee does his work wholly outside Northern Ireland.
(b) in relation to a person who has ceased to be in employment, references to the work he did when employed.
(6) This Article has effect for construing references in this Order to a person's being engaged, or seeking to become engaged, in an occupation in Northern Ireland as if references in this Article to employment were references to an occupation and references to an employee were references to a person engaged, or seeking to become engaged, in an occupation. General duty of Commission 7. It shall be the duty of the Commission -
(b) to promote affirmative action; (c) to work for the elimination of unlawful discrimination; and (d) to keep under review the working of this Order and, when it is so required by the Department or otherwise thinks it necessary, draw up and submit to the Department proposals for amending this Order,
and for the purposes of discharging that duty the Commission shall have the functions conferred on it by this Order.
(b) provide training courses; (c) hold conferences; (d) undertake research which appears to the Commission to be necessary or expedient for the purposes of its functions; and (e) disseminate (subject to the safeguard in Article 18(1)) information about the Commission's activities or anything to which those activities relate;
or it may arrange for, or assist (financially or otherwise), any of those things to be done.
(b) any other matter specified by the Department.
(3) The Commission may make charges for training or other facilities or services made available by it under paragraph (1).
(b) assisting the Commission in forming an opinion about -
(ii) where such equality is absent, the reasons for its absence.
(2) It shall also be the duty of the Commission to keep itself informed about proceedings on complaints under Article 38.
(b) any person who is empowered by virtue of any statutory provision to select or nominate another person for employment by a third person; (c) any employment agency; (d) any vocational organisation; (e) any person who provides services in connection with training for employment in any capacity or for a particular employment (not being services provided by the employer of a person who is seeking to obtain or is receiving those services) or in connection with training for a particular occupation; and (f) any person who has power to confer a qualification that is needed for, or facilitates, engagement in employment in any capacity, or in a particular employment or occupation.
(2) The investigations referred to in paragraph (1) are investigations -
(ii) the persons who have applied for or obtained the services of any employment agency; (iii) the members of, or other persons who have applied for membership of, any vocational organisation or such an organisation of any class; (iv) the persons who have sought (or on whose behalf there have been sought) or who have obtained the services of a person such as is mentioned in paragraph (1)(e); or (v) the persons who have applied to have, or have had, conferred on them any qualification such as is mentioned in paragraph (1)(f); and
(b) into practices -
(ii) involving any detriment to such persons; or (iii) affecting the conferring or holding of any qualification such as is mentioned in paragraph (1)(f),
including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the class of persons in question at that time.
(3) Schedule 2 has effect with respect to the conduct of investigations under this Article. Undertaking following investigation under Article 11 12. - (1) The following provisions of this Article apply where, following an investigation under Article 11, the Commission is of the opinion that any of the persons mentioned in paragraph (1) of that Article ought to take action for promoting equality of opportunity. (2) The Commission shall use its best endeavours -
(b) where appropriate, to secure a satisfactory written undertaking by him that such action will be taken.
(3) Where the Commission asks the person concerned for an undertaking, on such terms as appear satisfactory to the Commission, to take such action as is mentioned in paragraph (2)(a), then -
(b) if the undertaking, although given, is not complied with, the Commission shall either -
(ii) make an application to the Tribunal under Article 16 for enforcement of the undertaking.
(4) Paragraph (3) does not apply in any case where the Commission decides that no further action by it is appropriate. |
| © Crown copyright 1998 | Prepared 20 January 1999 |
