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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(03).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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Voluntary undertakings
(b) that it appears to the Commission from any decision of the Tribunal in proceedings under Part VI, or from any evidence given in such proceedings, that he ought to take such action.
(2) An undertaking under this Article shall be in such terms as appear satisfactory to the Commission for the purpose of ensuring that the person giving it takes such action for promoting equality of opportunity as is, in all the circumstances, reasonable and appropriate.
(b) make an application to the Tribunal under Article 16 for enforcement of the undertaking.
(4) Paragraph (3) does not apply in a case where the Commission decides that no further action by it is appropriate.
(b) such directions as the Commission considers necessary to ensure that other directions are duly carried out,
but the terms of the directions contained in a notice under Article 12(3)(b)(i) or 13(3)(a) shall be such as, in the opinion of the Commission, are not substantially more onerous than the terms of the undertaking which they supersede.
(b) to do any act described in Article 76(1).
(3) A notice under Article 12(3)(a) or (b)(i) or Article 13(3)(a) shall inform the person on whom it is served of the right of appeal against the directions which is conferred by Article 15.
(b) modify the directions in accordance with the application -
(ii) by substituting new directions for all or any of them,
and, in substitution for any directions which are revoked under sub-paragraph (a), may accept from that person an undertaking such as is mentioned in Article 12(2)(b) or 13(2).
(5) The Commission shall serve notice of the revocation or modification on the person concerned.
(b) are enforceable only in accordance with Article 16.
Appeal to Tribunal against directions under Article 12 or 13
(b) that in all the circumstances the directions are not appropriate for promoting equality of opportunity; or (c) that the appellant is already affording equality of opportunity and taking any appropriate action to promote equality of opportunity and the directions are, therefore, unnecessary.
(3) On hearing the appeal the Tribunal may -
(b) quash the directions or any of them; or (c) substitute for the directions or any of them such other directions (of a kind that the Commission could have given) as the Tribunal considers reasonable and appropriate in all the circumstances.
(4) Directions substituted under paragraph (3)(c) are binding on the appellant and are enforceable only in accordance with Article 16.
(ii) which has been given to the Commission under Article 14(4),
has not been complied with within such period as the Commission considers reasonable;
the Commission may, subject to paragraph (2), make an application to the Tribunal under this Article for enforcement of the undertaking or directions.
(b) if such an appeal is brought, until -
(ii) the appeal is determined and the period within which notice of an appeal to the Court of Appeal under Article 90 may be given has expired; or
(c) if notice of an appeal to the Court of Appeal under that Article is given within that period, until the appeal is abandoned or determined.
(3) On an application under paragraph (1) the Tribunal -
(b) whether or not it makes such an order, may order that the whole or part of the undertaking or directions shall cease to have effect.
(4) An order under paragraph (3)(a) -
(b) may specify the time within which each step is to be taken; and (c) may require a specified person to attend before the Tribunal at a specified time to report to the Tribunal on the extent to which those steps have been taken.
(5) The terms of an order under paragraph (3)(a) (except so far as it requires attendance before the Tribunal) shall be such as, in the opinion of the Tribunal, are not substantially more onerous than the terms of the undertaking or directions.
(b) to do any act described in Article 76(1).
(7) The Commission -
(b) may itself apply to the Tribunal for the enforcement of such an order.
(8) Subject to paragraphs (5) and (6), the Tribunal may at any time revoke or vary the terms of an order under paragraph (3) -
(b) where a person attends before the Tribunal in pursuance of an order under paragraph (3)(a) or on an application by the Commission under paragraph (7)(b).
Failure to comply with order of Tribunal
(b) has failed to comply to the satisfaction of the Tribunal with any term included in such an order by virtue of Article 16(4)(a) or (b).
(2) The Tribunal shall not make a determination under paragraph (1) until the end of the period within which notice of an appeal to the Court of Appeal under Article 90 against the order in question may be given or, if notice of such an appeal is given within that period, until the appeal is abandoned or determined.
(b) require the respondent to pay to the Department a pecuniary penalty of an amount not exceeding £40,000.
(4) Where the President or Vice-President has certified a failure under paragraph (3)(a), the High Court may deal with the respondent as if the relevant order of the Tribunal had been an order of the High Court.
(b) in relation to each subsequent order, the last occasion when the sum specified in paragraph (3)(b) was altered.
(8) The Department shall pay into the Consolidated Fund any sums received in respect of penalties under this Article. Restriction on disclosure of information 18. - (1) No information in the Commission's possession which discloses, or from which there can be deduced, the religious belief of any identifiable individual shall, without the written consent of that individual, be disclosed by a person who is, or has been, a member or officer of the Commission to a person who is not associated with the Commission, except so far as such disclosure -
(b) is made for the purpose of, or in connection with -
(ii) any actual or prospective civil or criminal proceedings before a court.
(2) For the purposes of paragraph (1) a person is associated with the Commission if -
(b) his services have been made available to the Commission for the purpose of the exercise of any of its functions.
(3) Paragraph (4) applies to any information supplied to the Commission -
(b) in pursuance of a requirement under Article 67.
(4) No information to which this paragraph applies shall be disclosed by a person who is, or has been, a member or officer of the Commission to a person who is not a member or officer of the Commission, except so far as such disclosure -
(b) is made as mentioned in paragraph (1)(b); or (c) is permitted by paragraph (5) or required by paragraph (6).
(5) Where it is necessary or expedient to do so for the proper discharge of the functions of the Commission, a member or officer of the Commission may -
(b) disclose to a principal (within the meaning of Article 20) any information in the Commission's possession which relates to contract workers whose services are or have been available to him; (c) disclose to any person who is empowered by virtue of any statutory provision to select or nominate another person for employment by a third person any information in the Commission's possession which relates to a person who has applied for the employment in question; (d) disclose to an employment agency any information in the Commission's possession which relates to a person who has applied for or obtained the services of the agency; (e) disclose to a vocational organisation any information in the Commission's possession which relates to members of that organisation; (f) disclose to a person who provides services in connection with the training of persons for employment in any capacity, or for a particular employment or occupation, any information in the Commission's possession which relates to a person who has sought, or on whose behalf it has been sought, to obtain those services, or who has obtained those services; or (g) disclose to a person who has power to confer a qualification such as is mentioned in Article 25 any information in the Commission's possession which relates to a person who has applied to have, or has had, that qualification conferred on him.
(6) The Commission shall supply to the Department any information in the Commission's possession, the supply of which is, in the opinion of the Department, necessary for the proper discharge of the Department's functions. Discrimination against applicants and employees 19. - (1) It is unlawful for an employer to discriminate against a person, in relation to employment in Northern Ireland, -
(ii) in the terms on which he offers him employment; or (iii) by refusing or deliberately omitting to offer that person employment for which he applies; or
(b) where that person is employed by him -
(ii) in the way he affords him access to benefits or by refusing or deliberately omitting to afford him access to them; or (iii) by dismissing him or by subjecting him to any other detriment.
(2) Paragraph (1)(b) 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 comprising the employee in question, unless -
(b) the provision of the benefits to the employee in question is regulated by his contract of employment; or (c) the benefits relate to training.
Discrimination against contract workers
(b) who, if they were instead employed by the principal to do that work, would be in his employment in Northern Ireland.
(2) It is unlawful for the principal, in relation to work to which this Article applies, to discriminate against a contract worker -
(b) by not allowing him to do it or continue to do it; or (c) in the way he affords him access to benefits or by refusing or deliberately omitting to afford him access to them; or (d) by subjecting him to any other detriment.
(3) Paragraph (2)(c) 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.
(b) where candidates are selected or nominated in order of preference, by selecting or nominating him lower in order than any other who is selected or nominated.
Discrimination by employment agencies
(b) by refusing or deliberately omitting to provide any of its services; or (c) in the way it provides any of its services.
(2) References in paragraph (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(b) that it was reasonable for it to rely on the statement.
(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 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(ii) in the terms on which it is prepared to admit him to membership; or
(b) where that person is a member of the organisation -
(ii) by depriving him of membership, or varying the terms on which he is a member; or (iii) by subjecting him to any other detriment.
Discrimination by persons providing training services
(ii) in the terms on which the person offers to provide those services; or
(b) where that other person is receiving those services -
(ii) in the way he affords him access to benefits connected with the services or by refusing or deliberately omitting to afford him access to them; or (iii) by withdrawing those services from him or varying the terms on which they are provided; or (iv) by subjecting him to any other detriment.
(2) In paragraph (1) "services", in relation to training for employment, means services provided otherwise than by the employer of the person who is seeking to obtain or is receiving the services.
(b) discrimination which would be rendered unlawful by Article 27 but for the operation of any other provision of this Order.
Discrimination by persons with power to confer qualifications
(b) in the terms on which the person is prepared to confer it; or (c) by withdrawing it from him or varying the terms on which he holds it.
(2) Paragraph (1) does not apply to discrimination which is rendered unlawful by Article 27. Discrimination by partnerships 26. - (1) It is unlawful for a firm consisting of 6 or more partners, in relation to a position as partner in the firm, to discriminate against a person -
(b) in the terms on which they offer him that position; or (c) by refusing or deliberately omitting to offer him that position; or (d) in a case where the person already holds that position -
(ii) by expelling him from that position, or subjecting him to any other detriment.
(2) Paragraph (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(b) references to a partner shall, in the case of a limited partnership, be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907.
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| © Crown copyright 1998 | Prepared 20 January 1999 |
