CASE OF MOESGAARD PETERSEN v. DENMARK
There shall be a body named the Fair Employment Commission for Northern Ireland (“the Commission”), consisting of a chairman and at least five but not more than eleven other members all appointed by the head of the Department of Manpower Services for Northern Ireland (“the Department”), which shall have the duties of— and for the purposes of discharging those duties shall have the functions conferred on it by this Act.
promoting equality of opportunity in Northern Ireland; and
working for the elimination of discrimination which is unlawful by virtue of this Act,
promoting affirmative action;
Schedule 1 shall have effect with respect to the Commission and its affairs.
In order to assist the Commission in discharging its duties the Commission may— or it may arrange for, or assist (financially or otherwise), any of those things to be done.
establish services for giving advice on matters connected with equality of opportunity;
provide training courses;
hold conferences;
undertake research which appears to the Commission to be necessary or expedient for purposes of its functions; and
disseminate (subject to the safeguard in section 19(1) of the Fair Employment (Northern Ireland) Act 1989) information about the Commission’s activities or anything to which those activities relate;
The Commission may make charges for training or other facilities or services made available by it.
In this Act " equality of opportunity " means equality of opportunity between persons of different religious beliefs.
For the purposes of this Act a person of any religious belief has equality of opportunity with a person of any other religious belief if, being— he has in any circumstances the same opportunity of a kind mentioned in subsection (3) as that other person has or would have in those circumstances, due allowance being made for any material difference in their suitability.
a person who is seeking employment or in employment, or
a person who is seeking to become engaged in, or is engaged in, any occupation,
The kinds of opportunity referred to in subsection (2) are—
in relation to an employment, the opportunity to be considered, and to be submitted for consideration, for the employment, and to have and hold it on any terms, with access to all benefits connected with it and without being subjected to any detriment; and
in relation to an employment or an occupation.—
the opportunity to become, and be, on any terms a member of any vocational organisation which exists for purposes of the employment or the occupation (or for purposes of employments or occupations of any class which includes the employment or occupation), with access to all the benefits of membership and without being subjected to any detriment, and
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
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.
There shall be a body named the Fair Employment Appeals Board (" the Appeals Board "), consisting of a chairman and two other members all appointed by the head of the Department, which shall have the functions of hearing and determining the appeals which are authorised by this Part to be made to the Appeals Board.
At least one of the members of the Appeals Board shall be a barrister or solicitor of not less than seven years' standing.
Schedule 2 shall have effect with respect to the Appeals Board and its affairs.
The Department, after consultation with the Standing Advisory Commission on Human Rights and the Agency, with such organisations appearing to it to be representative of mployers, of organisations of workers, and of persons engaged in occupations in Northern Ireland as it thinks fit, and with such other persons as it thinks fit, shall prepare and cause to be published a guide to good manpower policy and practice containing recommendations as to policies and practices which, if adopted by employers and vocational organisations, would, in the opinion of the Department, promote equality of opportunity.
The Department shall take such steps as it considers necessary to publicise the guide and to encourage employers and vocational organisations in Northern Ireland to adopt the policies and practices recommended in it.
The Department shall keep the contents of the guide under review and, when necessary, revise it and cause it to be published in its revised form.
In carrying out its functions under this Act, the Agency, when considering whether equality of opportunity is or is not being afforded, shall have such regard to the recommendations contained in the guide as it considers proper in all the circumstances.
As soon as reasonably practicable after the commencement of this Act the Agency shall invite such organisations as appear to it to be representative of employers, of organisations of workers, and of persons engaged in occupations in Northern Ireland to subscribe to a declaration of commitment to the principle of equality of opportunity, to be known as " the Declaration of Principle and Intent", and to encourage their members to subscribe to it.
The Agency shall also use its best endeavours to encourage all employers and all vocational organisations to subscribe to the Declaration.
The Declaration shall be in the form set out in Schedule 3 or in such other form to the like effect as the Agency specifies as being appropriate for any particular declarant.
The Agency shall keep a register of those who have subscribed to the Declaration of Principle and Intent; and each employer or organisation whose name is for the time being on the register shall be entitled to receive from the Agency, and to hold, a certificate describing him or it as an " Equal Opportunity Employer" or, as the case may be, an " Equal Opportunity Organisation ", and so to describe himself or itself.
The power of the Agency to keep the register includes power to fix its form and to rectify it; and in particular the Agency may—
require a declarant, as a condition of remaining on the register, to reaffirm, at such intervals and in such manner as the Agency may determine, his intention to adhere to the Declaration ;
remove from the register the name of any declarant who—
fails to comply with a requirement imposed under paragraph (a), or
has declared that he no longer adheres to the Declaration, or
is found by the Agency in consequence of an investigation under section 12 or section 24 to have acted in a manner inconsistent with adhering to the Declaration; and
restore to the register the name of any declarant which has been removed, where the declarant reaffirms his intention to adhere to the Declaration and it appears to the Agency that he is likely to do so.
When the Agency removes the name of any declarant from the register for any of the reasons mentioned in subsection (2)(b), it shall serve on him notice of the fact, stating the reason and requiring him to return to the Agency the certificate issued under subsection (1).
Where a name is removed from the register under subsection (2)(b)(i) or (iii), the notice under subsection (3) shall inform the declarant of the right of appeal conferred by section 8.
The register shall be open to public inspection during normal office hours free of charge; and any person shall be entitled to obtain from the Agency a copy of the register, or of any entry in it, upon payment of such reasonable fee as the Agency may fix.
A declarant aggrieved— may appeal to the Appeals Board against the removal or refusal.
by the removal of his name from the register under section 7(2)(b)(i) or (iii), or
by the Agency's refusal to restore his name to the register upon his reaffirming the intention mentioned in section 7(2)(c),
An appeal against the removal of a declarant's name from the register under section 7(2)(M(i) may be made on the ground that in all the circumstances it was unreasonable of the Agency to require the declarant to reaffirm his intention to adhere to the Declaration of Principle and Intent, or to do so after any particular interval or in any particular manner.
Schedule 4 shall have effect with respect to the conduct of an appeal under this section.
Where, on an appeal under this section, the question arises whether a person has acted in a manner inconsistent with adhering to the Declaration of Principle and Intent, the Appeals Board shall have such regard as it considers proper in all the circumstances to the recommendations contained in the guide to good manpower policy and practice prepared by the Department under section 5.
The Appeals Board may give such directions for the rectification of the register as it considers necessary for giving effect to its decision.
The Agency shall take such steps as it considers necessary to publicise the names of employers and organisations on the register, and in particular the Agency shall, within six months from the commencement of this Act and thereafter at yearly intervals, notify the public authorities mentioned in subsection (2) of the names of employers' currently on the register.
The public authorities referred to in subsection (1) are—
every authority and body listed in the following enactments (as for the time being in force)—
the Parliamentary Commissioner Act (Northern Ireland) 1969, Schedule 1, and
the Commissioner for Complaints Act (Northern Ireland) 1969, Schedule 1 ;
such of the authorities or bodies listed in the Parliamentary Commissioner Act 1967, Schedule 2, (as for the time being in force) as the Agency considers appropriate;
the Police Authority for Northern Ireland ; and
the Post Office.
When any employer's name is removed from the register, the Agency shall, as soon as reasonably practicable, notify each of those public authorities of the fact.
Where a public authority notified of an employer's name under subsection (1) is of the opinion that the employer has acted in the course of performing a contract entered into with the authority in a manner inconsistent with the terms of the Declaration of Principle and Intent and his name has not already been removed from the register, the authority shall forthwith inform the Agency of the opinion, stating the reasons for it.
If— as an Equal Opportunity Employer or an Equal Opportunity Organisation or by any other words calculated to give the impression that the employer or organisation has subscribed to the Declaration of Principle and Intent or is registered under section 7, that employer or, as the case may be, that person shall be guilty of an offence.
any employer who is not the holder of a certificate under section 7(1) for the time being in force describes himself or causes or permits himself to be described,
any person acting on behalf of— describes that employer or organisation, or causes or permits him or it to be described,
such an employer, or
an organisation which is not the holder of such a certificate,
Where an individual or a body corporate is required by a notice under section 7(3) to return a certificate to the Agency and fails without reasonable excuse to do so, he or it shall be guilty of an offence.
Where an unincorporated body is required by a notice under section 7(3) to return a certificate to the Agency, the proper officer of the body shall be under a duty to ensure that the certificate is duly returned, and, if he fails without reasonable excuse to do so, he shall be guilty of an offence.
An offence under subsection (1), (2) or (3) shall be punishable on summary conviction by a fine not exceeding £100.
In any proceedings for any offence under this section a document purporting to be a certificate or other document issued by the Agency and to be signed by a duly authorised officer of the Agency which states— shall, until the contrary is proved, be deemed to be such a certificate or document and to be properly issued and shall be evidence of the facts stated in it.
that a particular name was removed from the register on a particular day, or
that a particular name was not for the time being registered in the register on a particular day,
It shall be the duty of the Agency to identify and keep under review patterns and trends of employment in Northern Ireland and of occupations in Northern Ireland for the purposes of—
considering whether they reveal the existence or absence of equality of opportunity ; and
assisting the Agency in forming an opinion about—
the manner in which equality of opportunity can best be achieved, or
where such equality is absent, the reasons for its absence.
For the purpose of assisting the Agency in—
ascertaining the existence, nature and extent of failures to afford equality of opportunity ; and
considering what action, if any, for promoting equality of opportunity ought to be taken by any of the following persons (" the person concerned "), that is to say.— the Agency may conduct the investigations mentioned in subsection (2).
any employer, or
any person who is empowered by virtue of an enactment to select or nominate another person for employment by a third person, or
any employment agency, or
any vocational organisation, or
any person who provides services in connection with training for employment in any capacity, or for any particular employment, (not being services provided by the employer of a person who is seeking to obtain or is receiving those services) or any person who provides services in connection with training for a particular occupation, or
any person who has power to confer a qualification which is needed for, or facilitates, engagement in employment in any capacity, or in a particular employment or occupation,
Those investigations are investigations—
into the composition, by reference to religious beliefs, of any of the following classes of person (or of any class of person within such a class), that is to say.—
the employees of, or other persons who have applied for employment by, any employer or employers of any class, or
the persons who have applied for or obtained the services of any employment agency, or
the members of, or other persons who have applied for membership of, any vocational organisation or the members of such organisations of any class, or
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 subsection (1)(b)(v), or
the persons who have applied to have, or have had, conferred on them any qualification such as is mentioned in subsection (1)(b)(vi); and
into practices—
affecting the recruitment, admission to membership or access to benefits or services of persons belonging to any class referred to in paragraph (a), or the terms of employment or membership or provision of services applicable to such persons, or
involving any detriment to such persons, or
affecting the conferring or holding of any qualification such as is mentioned in subsection (1)(b)(vi). including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the class of person in question at that time.
Schedule 5 shall have effect with respect to the conduct of investigations under this section.
Where, following an investigation under section 12, the Agency is of the opinion that the person concerned has failed to afford equality of opportunity, either generally or in relation to any class of person, the Agency shall use its best endeavours—
to ensure that he takes such action for promoting equality of opportunity as is, in all the circumstances, reasonable and appropriate; and
where appropriate, to secure a satisfactory written undertaking by him that such action will be taken.
Where the Agency asks the person concerned for an undertaking such as is mentioned in subsection (1)(b), but—
the undertaking is not given, or
the undertaking, although given, is not complied with,
the Agency, unless it decides that no further action by it is appropriate.—
where paragraph (a) applies, shall serve on the person concerned a notice containing directions such as are mentioned in subsection (3), or
where paragraph (b) applies, shall either serve on him such a notice (whose directions shall supersede the undertaking) or make an application to the county court under section 15 for enforcement of the undertaking.
The directions contained in a notice served under subsection (2) (i) or (ii) shall be those which the Agency considers to be, in all the circumstances, reasonable and appropriate for promoting equality of opportunity, and the directions may in particular include— but the terms of directions contained in a notice served under subsection (2)(ii) which supersede an undertaking shall be such as, in the opinion of the Agency, are not more onerous than the terms of the undertaking.
directions for the abandonment, or for the modification in accordance with any instructions given in the directions, of any practice which results or may result in failure to afford equality of opportunity, or for the substitution or adoption of new practices specified by the Agency; and
such directions as the Agency considers necessary to ensure that other directions are duly carried out;
A notice served under subsection (2)(i) or (ii) shall inform the person concerned of the right of appeal against the directions which is conferred by section 14.
The Agency, on the written application of the person concerned, may— and, in substitution for any directions which are revoked under paragraph (a), may accept from that person an undertaking such as is mentioned in subsection (1)(b).
revoke all of the directions; or
modify the directions in accordance with the application—
by revoking any of them, or
by substituting new directions for all or any of them;
The Agency shall serve notice of the revocation or modification on the person concerned.
Any reference in the succeeding provisions of this Act to directions given by the Agency—
does not include directions revoked under subsection (5) (a); and
where the directions have been modified under subsection (5)(b), is to them as so modified.
The directions shall be binding on the person concerned (except to the extent that they are quashed, or other directions are substituted for them, by the Appeals Board under section 14) and shall be enforceable only in accordance with section 15.
Where, under section 13, the Agency serves on the person concerned a notice containing directions (not being directions substituted for others in accordance with an application made by him under section 13(5)), he may, within 21 days from the date of service, appeal to the Appeals Board against the directions.
The appeal may be brought on any of the following grounds—
that in all the circumstances it is unreasonable to expect the appellant to comply with the directions;
that in all the circumstances the directions are not appropriate for promoting equality of opportunity; or
that the appellant is already affording equality of opportunity, and the directions are, therefore, unnecessary.
Schedule 4 shall have effect with respect to the conduct of the appeal.
On hearing the appeal the Appeals Board may—
dismiss the appeal; or
quash the directions or any of them ; or
substitute for the directions or any of them such other directions (of a kind that the Agency could have given) as the Appeals Board considers reasonable and appropriate in all the circumstances.
Directions substituted under subsection (4)(c) shall be binding on the person concerned and shall be enforceable only in accordance with section 15.
In coming to its decision the Appeals Board shall have such regard as it considers proper in all the circumstances to the recommendations contained in the guide to good manpower policy and practice prepared by the Department under section 5.
Where, within such period as the Agency considers reasonable.— or steps have not been taken to the Agency's satisfaction to comply with it or them, the Agency may, subject to subsection (2), make an application to the county court under this section for enforcement of the undertaking or the directions.
an undertaking to take action for promoting equality of opportunity— has not been complied with ; or
which has been given to the Agency under section 13(1) and has not been superseded by directions given by the Agency, or
which has been given to the Agency under section 13(5),
directions given by the Agency have not been complied with,
Notice of an application for the enforcement of directions shall not be given—
until the expiration of the period allowed by section 14(1) for an appeal to the Appeals Board against the directions; or
if notice of such an appeal is served within that period—
unless the appeal is abandoned or dismissed, or
where the Appeals Board quashes, or makes substitutions for, some only of the directions, except in relation to directions which have not been quashed or for which no substitution has been made.
On such an application the court shall have power to make an order (to which section 46 shall apply) directing the person concerned to do any act which he ought to do in order to fulfil all or any of his commitments under the undertaking or comply with all or any of his obligations under the directions.
This section (except subsection (2)) applies also to directions substituted by the Appeals Board under section 14(4)(c) for directions given by the Agency.
In this Act “discrimination” means— and “discriminate” shall be construed accordingly.
discrimination on the ground of religious belief or political opinion; or
discrimination by way of victimisation;
A person discriminates against another person on the grounds of religious belief or political opinion in any circumstances relevant for the purposes of this Act if—
on either of those grounds he treats that other less favourably than he treats or would treat other persons, or
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—
which is such that the proportion of persons of the same religious belief or of the same political opinion as that other who can comply with it is considerably smaller than the proportion of persons not of that religious belief or, as the case requires, not of that political opinion who can comply with it, and
which he cannot show to be justifiable irrespective of the religious belief or political opinion of the person to whom it is applied, and
which is to the detriment of the other because he cannot comply with it.
For the purposes of this Act a person discriminates against another person (“the person victimised”) by way of victimisation if he treats that other person less favourably in any circumstances than he treats or would treat any other person in those circumstances, and does so by reason that the person victimised has— or by reason that he knows the person victimised intends to do any of these things, or that he suspects the person victimised has done, or intends to do any of them.
made a complaint against him or any other person under this Act of unlawful discrimination, or
given evidence or information in connection with any such complaint or any investigation, legal proceedings or appeal under the Fair Employment (Northern Ireland) Acts, or
alleged that he or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of those Acts, or
otherwise done anything under or by reference to those Acts in relation to him or any other person,
Subsection (3) 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.
For the purposes of this Act a person commits unlawful discrimination against another if he does an act in relation to that other which is unlawful by virtue of this Part, or if he is treated by virtue of any provision of Part IV as doing such an act.
A comparison of the cases of persons of different religious belief or political opinion under subsection (2) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
It shall be unlawful for an employer to discriminate against a person, in relation to employment in Northern Ireland,—
where that person is seeking employment—
in the arrangements the employer makes for the purpose of determining who should be offered employment, or
by refusing or deliberately omitting to offer that person employment for which he applies, or
in the terms on which he offers him employment; or
where that person is employed by him—
in the terms of employment which he affords him, or
in the way he affords him access to benefits or by refusing or deliberately omitting to afford him access to them, or
by dismissing him, or
by subjecting him to any other detriment.
This section applies to any work for a person (“the principal”) which is available to be done by individuals (“contract workers”)—
who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal, and
who, if they were instead employed by the principal to do that work, would be in his employment in Northern Ireland.
It shall be unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker—
in the terms on which he allows him to do that work, or
by not allowing him to do it or continue to do it, or
in the way he affords him access to benefits or by refusing or deliberately omitting to afford him access to them, or
by subjecting him to any other detriment.
It shall be unlawful for a person who is empowered by virtue of an enactment to select or nominate another person for employment by a third person to discriminate against a person, in relation to employment in Northern Ireland,—
by refusing or deliberately omitting to select or nominate him for employment, or
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.
It shall be unlawful for an employment agency to discriminate against a person, in relation to employment in Northern Ireland,—
in the terms on which the agency offers to provide any of its services, or
by refusing or deliberately omitting to provide any of its services, or
in the way it provides any of its services.
References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person concerned.
An employment agency shall not be subject to any liability under this section if it proves—
that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful, and
that it was reasonable for it to rely on the statement.
A person who knowingly or recklessly makes a statement such as is referred to in subsection (4)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
It shall be unlawful for a vocational organisation to discriminate against a person who is employed or is seeking employment in Northern Ireland, or who is engaged or is seeking to become engaged in an occupation in Northern Ireland,—
where that person is not a member of the organisation—
by refusing or deliberately omitting to accept his application for membership, or
in the terms on which it is prepared to admit him to membership; or
where that person is a member of the organisation—
in the way it affords him access to benefits or by refusing or deliberately omitting to afford him access to them, or
by depriving him of membership, or varying the terms on which he is a member, or
by subjecting him to any other detriment.
It shall be unlawful for a person who provides services in connection with the training of persons for employment in any capacity, or for a particular employment or occupation, in Northern Ireland to discriminate against another person—
where that other person is seeking to obtain those services or they are sought to be obtained on his behalf—
by refusing or deliberately omitting to provide those services, or
in the terms on which the person offers to provide those services; or
where that other person is receiving those services—
in the way the person provides those sevices, or
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
by withdrawing those services from him or varying the terms on which they are provided, or
by subjecting him to any other detriment.
In subsection (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.
It shall be unlawful for a person who has power to confer on another a qualification which is needed for, or facilitates, his engagement in employment in any capacity, or in a particular employment or occupation, in Northern Ireland to discriminate against him—
by refusing or deliberately omitting to confer that qualification on him on his application, or
in the terms on which the person is prepared to confer it, or
by withdrawing it from him or varying the terms on which he holds it.
A complaint by any person (“the complainant”) that another person (“the respondent”) has committed unlawful discrimination against him may be presented to the Tribunal.
Subject to subsection (3), the Tribunal shall not consider a complaint unless it is brought before whichever is the earlier of—
the end of the period of three months beginning with the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of, or
the end of the period of six months beginning with the day on which the act was done.
The Tribunal may consider a complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
two months from the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of; or
six months from the day on which the act was done, whichever first occurs; but the Agency may, if it thinks fit,
For the purposes of subsection (2)—
where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract, and
any act extending over a period shall be treated as done at the end of that period, and
a deliberate omission shall be treated as done when the person in question 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 were to be done.
The Tribunal shall not consider a complaint relating to an act which is unlawful by virtue of section 23 if the act is one in respect of which an appeal, or proceedings in the nature of an appeal, may be brought to a court under any enactment.
where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract, and
any act extending over a period shall be treated as done at the end of that period, and
a deliberate omission shall be treated as done when the person in question 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 were to be done.
The Agency shall not consider a complaint relating to an act which is unlawful by virtue of section 23, if the act is one in respect of which an appeal, or proceedings in the nature of an appeal, may be brought to a court under any enactment.
Without prejudice to subsection (5), where the Agency is satisfied that the subject-matter of a complaint has been or is being considered by some other statutory body or by a person holding a statutory office, the Agency shall not be obliged to investigate the complaint; but it may do so, after consultation with that other body or person, if it thinks fit.
Schedule 5 shall have effect with respect to the conduct of investigations under this section.
Where the Agency is of the opinion that, by virtue of any provision of Part V, it is precluded from investigating, or continuing the investigation, of a complaint, the Agency shall serve on the complainant and the respondent a notice stating the opinion.
Where a complaint is presented to the Tribunal undersection 24, the Tribunal shall send a copy of the complaint to the Labour Relations Agency and it shall be the duty of the Agency— to endeavour to promote a settlement of the complaint without its being determined by the Tribunal.
in any case where it is requested to do so by both the complainant and the respondent, or
in any other case where it considers that it could act under this subsection with a reasonable prospect of success,
to secure a settlement of any difference between the complainant and the respondent which was disclosed by the complaint, and
where the finding is that unlawful discrimination has been committed, to secure, if it is appropriate to do so, a satisfactory written undertaking by the respondent to comply with the terms of the settlement.
Where, before a complaint such as is mentioned in subsection (1) has been presented to the Tribunal, a request is made to the Labour Relations Agency to make its services available in the matter by a person who, if the complaint were so presented, would be the complainant or respondent, subsection (1) applies as if the complaint had been so presented and a copy of it had been sent to the Agency.
In proceeding under subsection (1) or (2), the Labour Relations Agency shall where appropriate have regard to the desirability ofencouraging the use of other procedures available for the settlement of grievances.
Anything communicated to the Labour Relations Agency in connection with the performance of its functions under this section shall not be admissible in evidence in any proceedings before the Tribunal except with the consent of the person who communicated it to the Agency.
shall not be questioned in any legal proceedings under this Act, except by appeal under section 28; and
in any such proceedings, except on such an appeal, shall be evidence that the unlawful discrimination was committed.
Where the Tribunal finds that a complaint presented to it under section 24 is well-founded, the Tribunal shall make such of the following as it considers just and equitable—
an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates,
an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered to pay by the High Court if the complaint had been a claim in tort, and
a recommendation that the respondent take within a specified period action appearing to the Tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any unlawful discrimination to which the complaint relates.
As respects an act of unlawful discrimination falling within section 16(2)(b) no award of compensation shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on the ground of his religious belief or political opinion as the case may be.
Compensation awarded to a person under subsection (1)(b) may include compensation for injury to feelings whether or not it includes compensation under any other head.
serve on the complainant and the respondent a notice such as is mentioned in subsection (1); or
proceed to institute an action under section 30 by way of a claim in tort in respect of the unlawful discrimination.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by the Tribunal under subsection (1)(c), then, if it considers it just and equitable to do so–
the Tribunal may . . . increase the amount of any compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b), or
if an order under subsection (1)(b) could have been made but was not, the Tribunal may make such an order.
by revoking any of them, or
by substituting new recommendations for all or any of them ;
Where compensation falls to be awarded in respect of any act both under the provisions of this section and under any other enactment, the Tribunal shall not award compensation under this section in respect of any loss or other matter which has been taken into account under that other enactment by a court or tribunal in awarding compensation in an action in respect of that act.
Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 (which enables the Department to provide by order that sums payable in pursuance of decisions of industrial tribunals shall carry interest) shall apply with the necessary modifications in relation to an award of compensation under subsection (1)(b) as they apply in relation to a sum payable in pursuance of a decision of an industrial tribunal.
does not include recommendations revoked under subsection (5)(a); and
where the recommendations have been modified under subsection (5)(b), is to them as so modified.
The Department may by order made with the approval of the Department of Finance make provision— and the order may contain such incidental and supplementary provisions as the Department considers appropriate.
for enabling the Tribunal, where an amount of compensation falls to be awarded under subsection (1)(b), to include in the award interest on that amount; and
specifying, for cases where the Tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined,
The Judgments Enforcement (Northern Ireland) Order 1981 shall apply with the necessary modifications in relation to an award of compensation under subsection (1)(b) as it applies to a sum due under a money judgment (within the meaning of that Order).
a settlement such as is mentioned in section 25 or this section, or
a recommendation under subsection (1) or (5),
The power to make an order under subsection (6A) includes power to vary or revoke the order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A statutory rule containing an order under subsection (6A) shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954 (meaning of ’’subject to negative resolution’’) shall apply as if the power to make the order were conferred by a Measure of the Northern Ireland Assembly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If any party to a complaint under section 24 is dissatisfied in point of law with a decision of the Tribunal, he may, according as rules of court may provide, either appeal from it to the Court of Appeal or require the Tribunal to state and sign a case for the opinion of the Court of Appeal.
Rules of court may provide for authorising or requiring the Tribunal to state, in the form of a special case for the decision of the Court of Appeal, any question of law arising in the proceedings.
With a view to helping a person (“the person aggrieved”) who considers that another person may have unlawfully discriminated against him to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Department shall by regulations prescribe—
forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant, and
forms by which the respondent may if he so wishes reply to any questions.
Where the person aggrieved questions the respondent (whether in accordance with regulations under subsection (1) or not)—
the question, and any reply by the respondent (whether in accordance with the regulations or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings, and
if it appears to the Tribunal that the respondent deliberately and without reasonable cause omitted to reply within a reasonable period or that his reply is evasive or equivocal, the Tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.
The Department may by regulations—
prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a), and
prescribe the manner in which a question, and any reply by the respondent, may be duly served.
A statutory rule containing regulations under this section shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954 (meaning of ’’subject to negative resolution’’) shall apply as if the power to make the regulations were conferred by a Measure of the Northern Ireland Assembly.
In this section “respondent” includes a prospective respondent.
Where a prospective complainant requests the Commission in writing for advice in relation to prospective proceedings under this Part, the Commission shall give him such advice unless it considers that the request is frivolous.
if the court agrees with the Agency's finding, it shall dismiss the appeal; or
if the court disagrees with the Agency's finding, then.—
if the court decides that unlawful discrimination has been committed by the respondent against the complainant it shall remit the case to the Agency and thereupon section 25(1)(b) and, if appropriate, section 26 shall have effect as if that were the Agency's finding; or
if the court decides that such discrimination has not been committed, the court shall quash the complaint.
Where, in relation to proceedings or prospective proceedings under this Part, an individual who is an actual or prospective complainant applies to the Commission for assistance under this subsection, the Commission shall consider the application and may grant it if it thinks fit to do so on the ground that— or by reason of any other special consideration.
the case raises a question of principle, or
it is unreasonable, having regard to the complexity of the case or the applicant’s position in relation to the respondent, or another person involved, or to any other matter to expect the applicant to deal with the case unaided,
Assistance given by the Commission under subsection (2) may include—
giving advice to an actual complainant,
procuring or attempting to procure the settlement of any matter in dispute,
arranging for the giving of advice or assistance by a solicitor or counsel,
arranging for representation by any person including all such assistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and
any other form of assistance which the Commission may consider appropriate.
Except as provided by subsection (2), any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—
to exclude or limit the operation of any provision of this Part; or
to preclude any person from presenting a complaint to the Tribunal under section 24.
Subsection (1) shall not apply to any agreement to refrain from instituting or continuing any proceedings before the Tribunal where the Labour Relations Agency has taken action in accordance with section 25(1) or (2).
Where, within such period as the Agency considers reasonable.— the Agency, on behalf of the injured person (that is to say, the person against whom the unlawful discrimination was committed or, where that person is dead, his personal representative) may institute an action in the county court against the respondent by way of a claim in tort in respect of the unlawful discrimination.
an undertaking to comply with the terms of a settlement such as is mentioned in section 25(1)(b), or an undertaking accepted by the Agency under section 26(5) in substitution for revoked recommendations, has not been complied with ; or
recommendations made by the Agency have not been complied with,
Such an action shall not be instituted in consequence of failure to comply with recommendations— unless the appeal is abandoned or dismissed ; but this subsection does not apply to anything done after a case has been remitted by the court to the Agency under section 29(1)(b)(i).
until the expiration of the period allowed by section 28 for an appeal against the finding which led to the recommendations; or
if notice of such an appeal is given within that period,
Subsection (4) of section 24 (time when certain acts are to be treated as done) shall have effect for determining, for the purposes of the Statute of Limitations (Northern Ireland) 1958, when a cause or right of action under subsection (1) of this section accrued.
In an action under this section the court shall have power by its decree— in accordance with the provisions of section 31, or sections 31 and 46; and the damages may be awarded to the Agency as if it were the injured person, and it shall be for the Agency to take steps to recover the damages and, subject to section 31(6), to account to the injured person for any damages recovered.
to award damages ; or
to grant an injunction ; or
to award damages and grant an injunction,
The court shall state the reasons for its decree.
In an action under section 30, the amount of any damages awarded shall be such as the court considers just in all the circumstances to compensate the injured person for any loss or injury he has suffered in consequence of the act of unlawful discrimination in question, including (without prejudice to the generality of the foregoing provision of this subsection)—
compensation for expenses reasonably incurred by the injured person in connection with the subject-matter of the complaint which led to the action (which for the purposes of this section shall be taken to include compensation for loss of his time); and
compensation for loss of opportunity, that is to say for loss of any employment, occupation or benefit which the injured person might reasonably be expected to have had but for the unlawful discrimination ;
but—
any award of damages for loss of opportunity shall be subject to the application of the same rule concerning the duty of a person to mitigate his loss as applies in relation to damages recoverable at common law; and
compensation shall not be awarded for the same loss both by way of damages under this Act and by way of damages under any other enactment or at common law.
Where the undertaking or any of the recommendations mentioned in section 30(1) includes provision for the injured person to be given a benefit of any kind by the respondent, and that provision has not been complied with.— to such extent (in either case) as in all the circumstances the court considers just and equitable.
if the court finds that the reason why the provision was not complied with was that the injured person refused an offer of benefit on the terms stated in that provision, and the court considers that he acted unreasonably in doing so, the court may reduce the assessment of his loss; or
if the court finds that the reason why the provision was not complied with was that the respondent refused or failed to make such an offer, and the court considers that he acted unreasonably in doing so, the court may increase that assessment,
Where it appears to the court in an action under section 30 that justice can be done to the injured person only by directing the defendant in the action to do, or refrain from doing, any particular act or acts, the court, if satisfied that in all the circumstances it is reasonable to do so, may make an order (to which section 46 shall apply) containing such a direction.
The powers conferred on the county court by subsections (1) and (2) may be exercised by that court notwithstanding anything to the contrary in any enactment which imposes limitations on the jurisdiction of a county court by reference to an amount claimed.
Where the injured person is the personal representative of the person (" the victim ") against whom the unlawful discrimination was committed, the reference in subsection (1) to any loss or injury the injured person has suffered shall be construed—
in relation to any item of damages which compensates for the expenses mentioned in subsection (1)(a), as including a reference to the victim, and
in relation to any item of damages which compensates for the loss mentioned in subsection (1)(b), as a reference to the victim.
An award of damages for expenses incurred as mentioned in paragraph (a) of subsection (1) (including that paragraph as modified by subsection (5)) may include compensation for expenses so incurred which have been defrayed by sums paid by the Agency under Schedule 5, paragraph 11; and so much of the damages as compensates for expenses so defrayed shall be identified by the court's decree as a separate item of damages and shall be retained by the Agency and applied for its benefit.
Section 26(8) shall apply to sums payable under a compromise or settlement arrived at to avoid or bring an end to an action under section 30 as it applies to a settlement such as is mentioned in section 25 or 26.
Where a term is included in or omitted from a contract in contravention of any provision of this Part or in consequence of such a contravention, then, notwithstanding that the making of the contract is an unlawful act, neither the contract nor any part of it is unenforceable by reason only of the contravention; but this subsection has effect subject to subsection (1A)
the Agency on behalf of the injured person ; or
the defendant,
On such an application the court may make such order as it considers just in all the circumstances revising the contract or any of its terms so as to secure that, as from the date of the order, the contract in no way contravenes, or has any effect in consequence of a contravention of, any provision of this Part.
Where a complaint has been presented to the Tribunal under section 24, the complainant or respondent may apply to the High Court to revise the contract or any of its terms.
Where the court makes an order under this section, every party to the contract, whether or not a party in the action, shall be bound by the order; but the court shall not make such an order which affects a party to the contract who is not a party in the action without giving him an opportunity of being heard.
It shall be unlawful to publish in Northern Ireland, or cause to be published there, an advertisment which indicates, or could reasonably be understood as indicating, an intention by a person to do an act which is unlawful by virtue of Part III.
Subsection (1) does not apply if the intended act would be prevented from being unlawful by any provision of Part V.
The publisher of an advertisement which is unlawful by virtue of subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—
that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful, and
that it was reasonable for him to rely on the statement.
Subsection (1) does not apply to the publisher of an advertisement in respect of the publication of the advertisement if the intended act would not be unlawful by virtue of Part III but for section 16(2)(b).
A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Any person who— another to do an act which is unlawful by virtue of Part III or section 33 shall be treated for the purposes of this Act as if he, as well as that other, had done that act.
knowingly aids or incites, or
directs, procures or induces,
For the purposes of subsection (1) an employee or agent for whose act the employer or principal is liable under section 35 (or would be so liable but for section 35(3)) shall be deemed to aid the doing of the act by the employer or principal.
A person does not under this section knowingly aid another to do an unlawful act if—
he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Act, the act which he aids would not be unlawful, and
it is reasonable for him to rely on the statement.
A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
An inducement consisting of an offer of benefit or a threat of detriment is not prevented from falling within subsection (1) because the offer or threat was not made directly to the person in question.
Anything done by a person in the course of his employment shall be treated for the purposes of this Act as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.
Anything done by a person as agent for another person with the authority (whether express or implied and whether precedent or subsequent) of that other person shall be treated for the purposes of this Act as done by that other person as well as by him.
In proceedings brought under this Act against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act or from doing in the course of his employment acts of the same description.
If it appears to the Commission— the Commission may apply to the High Court for an injunction restraining him from doing such acts.
that a person has done an act which by virtue of section 33 was unlawful, and
that unless restrained he is likely to do further acts which by virtue of that section are unlawful,
Where the act mentioned in subsection (1)(a) is a continuing act, the reference in subsection (1)(b) to further acts shall include a reference to the continuance of that act.
Parts III and IV and the Fair Employment (Northern Ireland) Act 1989 shall not apply to or in relation to—
any employment or occupation as a clergyman or minister of a religious denomination;
employment for the purposes of a private household; or
employment as a teacher in a school.
The Fair Employment (Northern Ireland) Act 1989 shall not apply to or in relation to any employment or occupation, other than one mentioned in subsection (1), where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief.
Parts III and IV, so far as they relate to discrimination on the ground of religious belief, shall not apply to or in relation to any employment or occupation, other than one mentioned in subsection (1), where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief; nor, so far as they relate to discrimination on the ground of political opinion, shall they apply to or in relation to an employment or occupation where the essential nature of the job requires it to be done by a person holding, or not holding, a particular political opinion.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
during the two years beginning with the commencement of this Act, to, or to employment by, an employer who employs not more than 25 persons in addition to any employed for the purposes of his private household; and
during the year following those two years, to, or to employment by, an employer who employs not more than 10 persons in addition to any employed for the purposes of his private household.
Subsection (1) is subject to the power conferred by section 39 to remove or limit the exception made by paragraph (c) of that subsection.
The Commission shall keep under review the exception contained in section 37(1)(c) relating to the employment of teachers in schools, with a view to considering whether, in the Commission’s opinion, it is appropriate that any steps should be taken to further equality of opportunity in the employment of such teachers.
For the purpose of assisting it in the discharge of its duty under subsection (1), the Commission may conduct investigations—
into the composition, by reference to religious beliefs, of the staff employed as teachers, or teachers of any class, in schools generally, schools of any class or particular schools; and
into practices— including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the staff at that time.
affecting the recruitment or access to benefits of, or the terms of employment applicable to, such staff, or
involving any detriment to such staff,
The Commission may from time to time, and shall whenever the Secretary of State so directs, report to the Secretary of State upon the exercise of its functions under this section; and a report under this subsection may make recommendations as to any action which the Commission considers ought to be taken to further equality of opportunity in the employment of teachers, or teachers of any class, in schools, or in schools of any class (including action by way of the exercise of the power conferred by section 39 to remove or limit the exception contained in section 37(1)(c)).
Schedule 1 to the Fair Employment (Northern Ireland) Act 1989 shall have effect with respect to the conduct of investigations under this section.
This section applies where, in pursuance of affirmative action, persons afforded access to facilities for training which would help to fit them for employment, for employment in a particular capacity or for a particular employment or occupation, but—
the facilities are provided only at a particular place in Northern Ireland or the training is confined to persons of a particular class, not being a class framed by reference to religious belief or political opinion, and
by providing the facilities only there or by so confining the training, access to the facilities by persons of a particular religious belief or political opinion is excluded or restricted.
For the purpose of determining whether any act done in, or in connection with, affording those facilities is by virtue of section 16(2) unlawful under any provision of Parts III and IV, the fact that, by providing the facilities only there or by so confining the training, their access to the facilities is thereby excluded or restricted is to be disregarded.
The Secretary of State may by order provide that section 37(1)(c)—
shall cease to have effect; or
shall, on and after such day or days as may be specified in the order, have effect only in relation to particular classes of teachers or particular classes of schools or for particular purposes of the Fair Employment (Northern Ireland) Acts.
An order under subsection (1) may make all or any of the provisions mentioned in paragraph (b) of that subsection, and may do so by way of exception or otherwise.
An order under subsection (1) may include transitional provisions.
The power to make an order under subsection (1)(b) includes power to vary or revoke the order.
The Secretary of State shall not make an order under subsection (1) unless a draft of the order has been laid before, and has been approved by, both Houses of Parliament.
This section applies where—
a practice relating to the selection of employees who may be dismissed as redundant is followed by an employer in pursuance of affirmative action and in accordance with an agreed procedure, and
the practice does not involve the application of any condition or requirement framed by reference to religious belief or political opinion, but has or may have the effect that the proportion of employees of a particular religious belief or political opinion who are selected is smaller than the proportion of employees not of that religious belief or, as the case may be, not of that political opinion who are selected.
The dismissal of an employee in pursuance of the practice is not by virtue of section 16(2) unlawful under any provision of Parts III and IV.
Nothing in the Fair Employment (Northern Ireland) Acts shall—
be construed as affecting a provision to which this subsection applies, or
render unlawful an act which is done in order to give effect to such a provision.
Subsection (1) applies to a provision for conferring benefits on persons of a particular religious belief or a particular political opinion (disregarding any benefits to persons not of that belief or opinion which are exceptional or are relatively insignificant), being a provision—
which is contained in an enactment or instrument, and
which has been enacted or made for purposes which are exclusively charitable according to the law of Northern Ireland.
In subsection (2) “enactment” includes an enactment contained in a local or personal Act (including an Act of the Parliament of Northern Ireland).
Nothing in Parts III or IV shall render unlawful any act done by— in or in connection with encouraging members of the Roman Catholic, or members of the Protestant, community in Northern Ireland to consider or to apply for a particular employment or particular training or to consider a particular occupation, where the act is done in pursuance of affirmative action.
an employer,
an employment agency,
a vocational organisation, or
a person providing services as mentioned in section 22(1),
Nothing in the Fair Employment (Northern Ireland) Acts shall render unlawful anything done in order to comply with a requirement—
of an enactment enacted before the passing of this Act; or
of an instrument made or approved (whether before or after the passing of this Act) under an enactment enacted before the passing of this Act.
Where an enactment enacted after the passing of this Act re-enacts (with or without modification) a provision of an enactment enacted before the passing of this Act, subsection (1) shall apply to that provision as re-enacted as if it continued to be contained in an enactment enacted before the passing of this Act.
The Fair Employment (Northern Ireland) Acts shall not apply to an act done for the purpose of safeguarding national security or of protecting public safety or public order.
A certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for a purpose mentioned in subsection (1) shall be conclusive evidence that it was done for that purpose.
A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.
Except as provided by this Act, no proceedings, whether civil or criminal, shall be brought against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Act.
Nothing in subsection (1) prevents the making of an application for an order of certiorari, mandamus or prohibition.
Without prejudice to any jurisdiction exercisable by the county court by virtue of section 45 or any other enactment, the county court shall have jurisdiction to hear and determine an application, appeal or action under this Act with respect to an act done or to be done on a ship, aircraft or hovercraft outside the division for which the court sits, including such an act done or to be done outside Northern Ireland.
County court rules and county court orders made under section 146 of the County Courts Act (Northern Ireland) 1959 may make such provision as appears to the authority having for the time being power to make those rules and orders to be necessary for regulating the practice and procedure of county courts in the exercise of the jurisdiction conferred by this Act, and (without prejudice to the generality of any power to make such rules or orders) those rules or orders may in particular provide for—
an application made under section 15 to be made to a county court sitting for the division in which the person concerned carried on business or, as the case may be, had an office at the time when the undertaking sought to be enforced was given or the notice containing the direction sought to be enforced was served ;
an appeal under section 28 or an action under section 30 to be brought in a county court sitting for the division in which the person alleged to have been injured by the act of unlawful discrimination is resident, or was resident at the time when the act was done ;
the service of process on persons outside Northern Ireland.
For the purposes of an order under section 15(3), section 31(3) or section 36 the county court shall have the like jurisdiction as the High Court to grant any mandatory or other injunction.
Section 141(4) of the County Courts Act (Northern Ireland) 1959 (enforcement by committal) applies to the enforcement of an order made in exercise of the jurisdiction conferred by any of the provisions mentioned in subsection (1) in conjunction with this section.
Where an application is made for such an order (including an application in the course of an action under section 30) the court may make the order in the terms applied for or in more limited terms.
For the purposes of the Fair Employment (Northern Ireland) Act 1989, employment is to be regarded as being employment in Northern Ireland unless the employee does his work wholly or mainly outside Northern Ireland.
Subsection (1) does not apply to— but for the purposes of the Fair Employment (Northern Ireland) Act 1989 such employment is to be regarded as being employment in Northern Ireland unless the employee does his work wholly outside Northern Ireland.
employment on board a ship registered at a port of registry in Northern Ireland, or
employment on an aircraft or hovercraft operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland;
In relation to employment concerned with the exploration of the sea bed or subsoil or the exploitation of their natural resourcesany activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982, the Department may by order provide that subsections (1) and (2) shall each have effect as if the last reference to Northern Ireland included any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982, or any part of such an area, in which the law of Northern Ireland applies.
An order under subsection (3) may provide that, in relation to employment to which the order applies or any class of such employment, the Fair Employment (Northern Ireland) Acts are is to have effect with such modifications as are specified in the order.
The power to make an order under subsection (3) includes power to vary or revoke the order.
The Department shall not make an order under subsection (3) unless a draft of the order has been laid before, and has been approved by, the Northern Ireland Assembly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section references to the work an employee does include, in relation to a person who is seeking employment or a person who has ceased to be in employment, references to, respectively, the work he would do if employed or the work he did when employed.
This section has effect for construing references in the Fair Employment (Northern Ireland) Acts to a person’s being engaged, or seeking to become engaged, in an occupation in Northern Ireland as if references in this section to employment were references to an occupation and references to an employee were to a person engaged, or seeking to become engaged, in an occupation.
In the application of subsections (1) to (6) for the purposes of Part II of the Fair Employment (Northern Ireland) Act 1989, references to employment are references to employment within the meaning of that Part.
Subject to sections 51 to 54, this Act and Part I of the Fair Employment (Northern Ireland) Act 1989 applies— as it applies to an act done by a private person.
to an act done by or for purposes of a Minister of the Crown or a government department, or
to an act done on behalf of the Crown by a statutory body or a person holding a statutory office, or
to an act done by a member of Her Majesty’s forces acting as such,
For the purposes of subsection (1), in this Act and Part I of the Fair Employment (Northern Ireland) Act 1989—
references to employment include references to—
service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, and
service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body, and
service as a member of Her Majesty’s forces;
references to a contract of employment include references to the terms of such service;
references to an employee include references to a person who is seeking to become engaged in such service, who is in such service or who has ceased to be in such service; and
references to an employer, in relation to an employee, include references to (as the case requires) the authority with power to appoint him, to fix his terms of service, to afford him any benefit, to dismiss him or to subject him to any detriment.
Subsection (2) of section 49 (or that subsection as it has effect by virtue of an order under subsection (3) of that section) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of Northern Ireland as it has effect in relation to a ship, aircraft or hovercraft mentioned in paragraph (a) or (b) of that subsection; and that subsection shall not 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.
In this section and sections 51, 52 and 54 references to the Crown include it both in right of the Government of the United Kindom and in right of the Government of Northern Ireland; and—
in this section and section 54 references to Her Majesty’s forces are references to— but do not include references to any cadet training corps for the time being administered by the Ministry of Defence; and
the naval, military or air forces of the Crown, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in this section service “for purposes of” a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 as for the time being in force.
The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under section 24 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 section 24—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 28 of that Act (discovery) shall have effect subject to section 52(2) of this Act.
Subject to subsection (2), any obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in the service of the Crown, whether imposed by any enactment or by any rule of law, shall not apply to the disclosure of information for the purposes of any investigation, appeal or proceedings under the Fair Employment (Northern Ireland) Acts; and the Crown shall not be entitled in relation to any such investigation, appeal or proceedings to any such privelege in respect of the production of documents or the giving of evidence as is allowed to the Crown alone by law in legal proceedings.
A Minister of the Crown or the head of a Northern Ireland department may by a certificate in writing, with respect to any document or information specified in the certificate, or documents or information of any class so specified, certify that in his opinion the disclosure of that document or information or of documents or information of that class would be prejudicial to the safety of the United Kingdom or any part of it or otherwise contrary to the public interest; and where such a certificate is given nothing in the Fair Employment (Northern Ireland) Acts shall be construed as authorising or requiring the communication to any person or for any purpose of any document or information specified in the certificate, or any document or information of a class so specified.
A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.
Where, in consequence of the enactment of subsection (1), any information is disclosed to persons not in the service of the Crown, those persons shall, without prejudice to subsections (1) and (2) and subject to subsection (5), be subject to the same restrictions upon the disclosure of the information as if they were in that service, and, in particular, the Official Secrets Act 1911 shall have effect in relation to them as if they were persons holding office under Her Majesty.
Where a person to whom subsection (4) applies is a member officer or servant of the Commission or the Tribunal, that subsection shall not preclude his disclosing the information in question to any other person so far as such disclosure is necessary—
for the purpose of communicating in accordance with the provisions of the Fair Employment (Northern Ireland) Acts the Tribunal’s decision on an appeal and the reasons for it;
the Agency's finding following an investigation and the reasons for it, or
the Appeals Board's decision on an appeal and the reasons for it; or
for the purposes of any criminal proceedings or to comply with the order of a court.
Any reference in subsection (2) to a Minister of the Crown includes a reference to the Commissioners of Customs and Excise and the Commissioners of Inland Revenue.
For the purposes of this Act and Part I of the Fair Employment (Northern Ireland) Act 1989 the holding of the office of constable shall be treated as employment—
by the chief officer of police as respects any act done by him in relation to a constable or that office;
by the police authority as respects any act done by them in relation to a constable or that office.
There shall be defrayed as expenses of the police authority—
any damages or costs awarded against a chief officer of police in any proceedings under this Act or Part I of the Fair Employment (Northern Ireland) Act 1989, any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and any costs incurred by him in connection with any investigation under that Part so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 1 to that Act; and
any sum required by a chief officer of police in connection with the settlement of any complaint made or action brought against him under this Act, if the settlement is approved by the police authority.
Any proceedings under this Act or Part I of the Fair Employment (Northern Ireland) Act 1989 which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in subsections (2) and (4) to the chief officer of police shall be construed accordingly.
The police authority may make arrangements for the legal representation of the chief officer of police in any . . . proceedings under this Act or Part I of the Fair Employment (Northern Ireland) Act 1989.
This section applies to a police cadet and appointment as a police cadet as it applies to a constable and the office of constable.
In this section—
“chief officer of police”—
" qualification " includes authorisation, recognition, registration, enrolment, approval and certification;
" police authority "—
“government department” includes a Northern Ireland department;
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 that contract;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where different days are appointed for different pro visions, as a reference to the day appointed for the coming into operation of that provision; or
where different days are appointed for different purposes of that provision, as a reference, in relation to each such purpose, to the day appointed for that purpose.
in relation to a person appointed, or an appointment falling to be made, to the police force or as a police cadet in relation to that force, means the Chief Constable of the Royal Ulster Constabulary,
in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;
“discrimination” and “discriminate” shall be construed in accordance with section 16(1) to (4);
the undertaking is not given, or
the undertaking, although given, is not complied with,
" the respondent ", in relation to a complaint, has the meaning given by section 24(1);
" the Department" means the Department of Manpower Services for Northern Ireland ;
in relation to any other person or appointment means the officer who has the direction and control of the body of constables or cadets in question;
“statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up;
This section applies where, following an investigation under section 11 of the Fair Employment (Northern Ireland) Act 1989, the Commission is of the opinion that action for promoting equality of opportunity ought to be taken by any of the following authorities, namely,— and, accordingly, sections 12(3), 14, 15 and 16 of that Act shall not have effect in relation to any such authority.
a Minister of the Crown or a government department or a person acting for purposes of such a Minister or department; or
a member of Her Majesty’s forces acting as such; or
any other person acting on behalf of the Crown, being a statutory body or a person holding a statutory office; or
the Police Authority for Northern Ireland or the Chief Constable of the Royal Ulster Constabulary;
the Agency shall, subject to subsection (4), send a report of the results of its investigation and of the opinion it has formed in relation to the subject-matter of the investigation (including any recommendations the Agency considers appropriate for action on the part of the authority concerned)—
where the investigation related to a Minister of the Crown, to that Minister;
where the investigation related to a government department, to the Minister of the Crown in charge of the department, or in the case of a Northern Ireland department to the head of the department, or
where the investigation related to any other aughority, to the Minister of the Crown or the head of the Northern Ireland department generally responsible for matters falling within the scope of the functions of that authority.
Where the report is sent to a Minister of the Crown he shall lay it before Parliament; and where the report is sent to the head of a Northern Ireland department he shall lay it before the Northern Ireland Assembly.
If a report is required by subsections (2) and (3) to be sent to the head of a Northern Ireland department and laid before the Northern Ireland Assembly at a time when no such head stands appointed, the report shall, instead, be sent to the Secretary of State and laid by him before Parliament.
A person who is not in the service of the Crown shall not be regarded as within subsection (1)(a) by reason only of his acting in pursuance of a contract entered into with a Minister of the Crown or a government department.
Any notice or other document which is required or permitted by the Fair Employment (Northern Ireland) Acts to be served on a person may—
if that person is an individual, be served on him—
by delivering it to him, or
by sending it to him by post, addressed to him at his usual or last-known place of residence or business, or
by leaving it for him at that place; or
if that person is a body corporate or unincorporate, be served on the body—
by sending it by post to the proper officer of the body at its registered or principal office, or at its principal office in Northern Ireland, or
by addressing it to the proper officer of the body and leaving it at any such office.
Subsection (1) does not prejudice any other lawful method of service.
Any power of the Secretary of State to make an order under section 39(1) or section 59(5) shall be exercisable by statutory instrument.
The power of the Department to make regulations under section 28 or an order under section . . .26(6A) or 49(3) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
For the purpose of laying before the Northern Ireland Assembly— section 41(3) of the Interpretation Act (Northern Ireland) 1954 (laying of statutory documents) shall have effect as if the draft order and the reports were statutory documents within the meaning of that Act.
a draft of an order under section 49(3); or
a report under section 54(2); or
the Commission’s annual report,
In this Act, unless the context otherwise requires,—
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)(b) of that Order, or
“act” includes a deliberate omission, and any reference to an act, action or other thing done shall be construed accordingly;
“police authority”—
a school, or
a school, or
" the Appeals Board " means the Fair Employment Appeals Board;
In this Act references to a person’s religious belief or political opinion include references to his supposed religious belief or political opinion and to the absence or supposed absence of any, or any particular, religious belief or political opinion.
In this Act 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 Northern Irish affairs (including the use of violence for the purpose of putting the public or any section of the public in fear).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this Act a person is seeking employment if he is available for employment, whether or not he is aware of the existence of an opportunity for any particular employment.
References in this Act to submitting a person for consideration for employment include references to making available to an employer in any way relevant particulars relating to him.
References in this Act to the affording by any person of access to benefits are not limited to benefits provided by him alone, but include any means by which it is in his power to facilitate access to benefits provided by others.
Without prejudice to any provision of section 49 or any order under subsection (3) of that section and subject to any other provision of this Act which is limited by its express terms to acts done in Northern Ireland, references (however expressed) in this Act to acts done or to power to do any acts, other than references to acts which may be the subject of criminal proceedings under this Act, include references to acts done or power to do the acts outside Northern Ireland; and references to a contract include references to a contract the proper law of which is not the law of Northern Ireland.
In this Act any reference to a declarant is a reference to an employer who, or an organisation which, subscribes, or (as the context requires) proposes to subscribe or has subscribed, to the Declaration of Principle and Intent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this Act an undertaking is not complied with unless the whole of it is complied with, and directions or recommendations are not complied with unless they are all complied with.
Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.
In this Act, except where otherwise indicated,—
a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and
a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and
a reference in a paragraph of a section, subsection or Schedule to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.
The enactments mentioned in Schedule 6 shall have effect subject to the respective amendments there specified (being amendments consequential on the provisions of this Act).
The following enactments, namely,— shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under this Act as if it were such a right of appeal, reference or review as is mentioned in those enactments.
section 5(2)(a) of the Parliamentary Commissioner Act 1967;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 20(1)(b) of the Northern Ireland Constitution Act 1973 is hereby repealed.
This Act may be cited as the Fair Employment (Northern Ireland) Act 1976.
Subject to subsections (3) and (4) and without prejudice to section 57(8) . . . , this Act extends to Northern Ireland only.
The amendments, extension and repeal of enactments which are made by section 58(1), (2)(a) and (3) and Schedule 6 have the same extent as the enactments that are so amended, extended or repealed.
Sections 47 and 52 and so much of section 57 as applies for the interpretation of those sections extend to the whole of the United Kingdom.
This Act shall come into operation on such day as the Secretary of State may by order appoint.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“organisation” includes any society or association whether corporate or unincorporate;
may appoint different days for different provisions of this Act or for different purposes of the same provision ; and
may be revoked or varied by a subsequent order under that subsection;
Section 1(2), Sch. 5 para. 12(1)(a).
The Commission shall continue in existence as a body corporate.
The Commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown. Accordingly—
A person shall hold and vacate his office as chairman or other member of the Commission in accordance with terms of his appointment: Provided that no such appointment shall be for a period exceeding five years in the case of the chairman and three years in the case of another member. A person may at any time resign office as chairman or other member of the Commission by notice to the Department. Past service as chairman or other member of the Commission is no bar to re-appointment.
The Department may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairman and other members of the Commission, or any of them, as, with the approval of the Department of Finance, it may determine.
The Commission may with the approval of the Department and the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment— The Commission may, in the case of such persons employed by it as may be determined by the Commission with the approval of the Department and the Department of Finance, pay to or in respect of them such allowances (including allowances for expenses), pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), or contributory or other pension arrangements, as may be so determined.
Without prejudice to any provision of Schedule 1 to the Fair Employment (Northern Ireland) Act 1989, the Commission may regulate its own procedure and business including the formalities for affixing its common seal to any document and, subject to sub-paragraph (2), its quorum. The quorum for meetings of the Commission shall, in the first instance, be determined by a meeting of the Commission attended by not less than five members.
The validity of any proceedings of the Commission shall not be affected by any vacancy in the office of chairman or other member of the Commission or by any defect in the appointment of the chairman or any other member.
A document purporting to be duly executed under the common seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act for that purpose, and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved.
The Commission may authorise the discharge, under the general direction of the Commission, of its functions in relation to any matter or class of matters falling to be dealt with by it by either a member or a group of members of the Commission selected by the chairman. Anything done by or in relation to a member or group of members in or in connection with the discharge of functions he or they are authorised to discharge under sub-paragraph (1) shall have the same effect as if done by or in relation to the Commission. A group of members authorised to discharge any functions under sub-paragraph (1) may regulate their own procedure and business, including their quorum. The validity of any proceedings of a member or group of members so authorised shall not be affected by any defect in his appointment or any of their appointments; and the validity of the proceedings of any such group shall not be affected by any vacancy in their number. The chairman may select himself, as the member, or as one of the group of members, mentioned in this paragraph.
The Commission may appoint as assessors, to assist— in the investigation of any . . . matter, persons appearing to the Commission to have special knowledge and experience of the matters to which the investigation relates and of any other circumstances appearing to the Commission to be relevant.
the Commission; or
any member or group of members authorised to discharge functions under paragraph 10,
All expenditure incurred by or on behalf of the Commission— may be defrayed as expenses of the Department.
within the terms of any general authorisation in writing given by the Department and the Department of Finance; or
with the approval of those Departments;’
The Commission shall keep proper accounts in such form as may be approved by the Department, and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Department, with the approval of the Department of Finance may direct. The accounts of the Commission shall be audited by auditors appointed by the Commission with the approval of the Department and shall be vouched to the satisfaction of the auditors. The Commission shall, at such time in each year as the Department may direct, transmit to the Department and the Comptroller and Auditor-General copies, certified by the auditors, of the annual statement of accounts. The Comptroller and Auditor-General— Subject to sub-paragraph (6), a copy of every annual statement of accounts of the Commission and a copy of the Comptroller and Auditor-General’s report thereon shall be laid by the head of the Department before the Northern Ireland Assembly. If no head of the Department stands appointed for the time being the copies mentioned in sub-paragraph (5) shall, instead, be sent by the Department to the Secretary of State and laid by him before Parliament. In this paragraph “the Comptroller and Auditor-General” means the Comptroller and Auditor-General for Northern Ireland.
The Commission shall prepare in respect of each financial year a report on the Commission’s activities during that . . . year (“the annual report”). The annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Commission’s functions. Subject to sub-paragraph (4), the annual report shall be made to the head of the Department and shall be laid by him before the Northern Ireland Assembly. If no head of the Department stands appointed for the time being the annual report shall, instead, be made to the Secretary of State and laid by him before Parliament. The Department, or where sub-paragraph (4) applies the Secretary of State, shall cause the annual report to be published.
Section 4(3).
A person shall hold and vacate his office as chairman or other member of the Appeals Board in accordance with the terms of his appointment: Provided that no such appointment shall be for a period exceeding five years. A person may at any time resign office as chairman or other member of the Appeals Board by notice to the Department. Past service as chairman or other member of the Appeals Board is no bar to re-appointment.
The Department may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairman and other members of the Appeals Board, or any of them, as, with the approval of the Department of Finance, it may determine.
The Department may, with the approval of the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment, appoint officers and servants to assist the Appeals Board in the execution of its functions or may make the services of members of the Department's staff, and such accommodation or facilities as may be agreed upon between the Department and the Board, available for purposes of the Board. The remuneration of persons appointed under sub-paragraph (1) shall be paid by the Department, and the Department may also pay to or in respect of such of those persons as may be determined by it with the approval of the Department of Finance such allowances (including allowances for expenses), pensions or gratuities as may be so determined.
Subject to sub-paragraph (2) and without prejudice to any provision of Schedule 4, the Appeals Board may regulate its own procedure. Where any member of the Appeals Board is indisposed or is for any other reason unable to act, the chairman of the Board may direct that any particular appeal or appeals of any class may be heard by or continued before, and may be determined by, two members of the Board, and for the purposes of the provisions of this Act relating to appeals to the Board those two members shall constitute the Board.
The validity of the proceedings of the Appeals Board shall not be affected by any vacancy in the office of chairman or other member of the Board or by any defect in the appointment of the chairman or any other member.
Any expenditure incurred in accordance with the provisions of this Act by the Appeals Board, or by the Department for purposes of the Appeals Board, may be defrayed as expenses of the Department.
Section 6(3). I/We affirm and declare that it is my/our intent to promote and protect equality of opportunity in employment, according to the letter and spirit of the Fair Employment (Northern Ireland) Act 1976 by every means at my/our disposal, and to co-operate to that end with the Fair Employment Agency for Northern Ireland. I/We further undertake that I/we will use my/our best endeavours to encourage all persons within the range of my/our influence to commit themselves to the same intent."
Sections 8(3), 14(3), 59(2), Sch. 2 para. 4(1).
In this Schedule " the appeal" means an appeal to the Appeals Board brought under section 8 or section 14.
The appeal shall be initiated by the appellant serving a notice on the Appeals Board— The appellant shall at the same time serve a copy of the notice on the Agency.
Both the appellant and the Agency shall be entitled—
to appear before the Appeals Board ;
to be represented by solicitor or counsel; and
to examine their witnesses and cross-examine each other's.
Without prejudice to paragraph 3, the Appeals Board shall afford to every person who appears to the Board to be able to propound evidence relevant to the subject matter of the appeal an opportunity of being heard.
The appeal shall be conducted in private.
Subject to paragraphs 3 to 5, the Appeals Board may give directions with respect to the practice and procedure to be followed in any proceedings before the Board in connection with the appeal and anything incidental to or consequential on such proceedings ; and such directions may be given with general effect or with respect to cases of any class or any particular case.
For the purposes of the appeal, the Appeals Board may require any person who in its opinion is able to furnish information or produce documents relevant to the appeal to furnish any such information or produce any such document. For those purposes the Appeals Board shall have the same powers as the High Court in respect of— A person shall not be compelled for the purposes of the appeal— but head (a) above does not prejudice the provisions of section 52(1).
If any person, without lawful excuse, obstructs the Appeals Board, any member or officer of the Board or any person whose services have been made available for purposes of the Board in the performance of its or his functions in connection with the appeal, or is guilty of any act in relation to the appeal which, if the appeal were a proceeding in the High Court, would constitute contempt of court, the Board may certify the offence to the High Court. Where an offence is certified under this paragraph, the High Court may inquire into the matter and after hearing— may deal with the person charged with the offence in any manner in which the court could deal with him if he had committed the like offence in relation to the court.
The Appeals Board may, if it thinks fit, pay to the appellant and to any other person (except the Agency or anybody acting on its behalf) who attends at the hearing of, or furnishes evidence for the purposes of, the appeal— in accordance with such scales and subject to such conditions as the Department with the approval of the Department of Finance may determine.
sums in respect of expenses properly incurred by him ; and
allowances by way of compensation for the loss of his time,
Following the hearing of the appeal, the Appeals Board shall serve notice of the Board's decision on both the appellant and the Agency. The notice shall state the reasons for the decision.
Without prejudice to any provision of section 52, no information supplied to the Appeals Board for the purposes of an appeal shall be disclosed by a member, officer or servant of the Board, or a person whose services have been made available for purposes of the Board, to a person who is not a member of, or in the employment of, the Board or whose services have not been made available as aforesaid, except so far as such disclosure is necessary— If any person discloses any information in contravention of sub-paragraph (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.
Sections 2(1)(e), 12(3), 24(7), 26(8), 31(6), 38(4), 53(2)(a), 59(2), Sch. 1 para. 6(1).
In this Schedule " the investigation " means—
an investigation under section 12 for the purposes of ascertaining the existence, nature and extent of failures to afford equality of opportunity and considering what action, if any, ought to be taken for promoting equality of opportunity; or
an investigation under section 24 following a complaint of unlawful discrimination; or
an investigation under section 38 in relation to teachers in schools.
Where the investigation is to be of the kind mentioned in paragraph 1(a) or (c), the Agency, before holding the investigation.—
shall serve on every person whose practices it is minded to investigate notice of the Agency's intention to hold the investigation, and
shall furnish to each such person, in writing, particulars of the scope and purpose of the investigation.
Where the investigation is to be of the kind mentioned in paragraph 1(b), the Agency, before holding the investigation.—
shall serve on the person against whom the complaint is made notice of the Agency's intention to hold the investigation ; and
shall furnish to that person, in writing.—
particulars of the allegations made in the complaint so far as they relate to him, and
a statement of the substance of any evidence which the Agency has reason to believe may be tendered in support of those allegations.
The Agency shall afford to every person such as is mentioned in paragraph 2(a) or 3(a) an opportunity to comment on the matters or allegations which are the subject of the investigation and to furnish oral or other evidence respecting them.
The investigation shall be conducted in private.
Subject to paragraphs 4 and 5, the procedure for conducting the investigation shall be such as the Agency considers appropriate in the circumstances of the case.
For the purposes of the investigation, the Agency may obtain information from such persons and (subject to paragraph 5) in such manner and may make such inquiries and call for such reports (including reports by officers of the Agency on inquiries, interviews or hearings conducted by them on the Agency's behalf) as the Agency thinks fit.
For the purposes of the investigation the Agency may require any person who in its opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document. For those purposes the Agency shall have the same powers as the High Court in respect of— A person shall not be compelled for the purposes of the investigation— but head (a) above does not prejudice the provisions of section 52(1).
For the purposes of the investigation the Agency may also require an employer or a vocational organisation to take such reasonable action as the Agency specifies for communicating to his or its employees or members (as the case requires), or to employees or members of any class, any written material provided for the purpose by the Agency.
If any person, without lawful excuse, obstructs the Agency or any member or officer of the Agency in the performance of its or his functions in connection with the investigation, or is guilty of any act in relation to the investigation which, if the investigation were a proceeding in the High Court, would constitute contempt of court, the Agency may certify the offence to the High Court. Where an offence is certified under this paragraph, the High Court may inquire into the matter and after hearing— may deal with the person charged with the offence in any manner in which the court could deal with him if he had committed the like offence in relation to the court.
Without prejudice to paragraph 8(3)(c), the Agency may, if it thinks fit.— sums in respect of expenses properly incurred by him and allowances by way of compensation for the loss of his time in accordance with such scales and subject to such conditions as the Department with the approval of the Department of Finance may determine. A payment made under this paragraph to a person who, under section 24(2) continues a complaint made or continued by another may also include sums in respect of expenses properly incurred by, or loss of time of, that other or any predecessor of his.
Without prejudice to any provision of section 52, no information supplied to the Agency in the course of the investigation shall be disclosed by a member, officer or servant of the Agency to a person who is not a member of, or in the employment of, the Agency, except so far as such disclosure— but any such disclosure as is mentioned in head (a) above is subject to the safeguard in sub-paragraph (4). Without prejudice to sub-paragraph (4), where it is necessary or expedient to do so for the proper discharge of the functions of the Agency, a member, officer or servant of the Agency may— Without prejudice to sub-paragraph (4), the Agency shall supply to the Department any information in the Agency's possession which the Department requests. No information in the Agency's possession which discloses, or from which there can be deduced, the religious belief of any identifiable individual shall, without that individual's written consent, be disclosed to any person, except where— If any person discloses any information in contravention of any provision of this paragraph he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.
Section 58(1), 59(3).
In section 19 of the Northern Ireland Constitution Act 1973 (religious or political discrimination by certain public authorities to be unlawful)—
at the beginning of subsection (1) there shall be inserted the words “ Subject to subsection (4) below” ; and
after subsection (3) there shall be inserted the following subsection—
and for “ (d)” in the second place where it occurs there shall be substituted “ (dd)”.