Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Discrimination on grounds of sexual orientation

    4. 4.Discrimination by way of victimisation

    5. 5.Harassment on grounds of sexual orientation

  3. PART II DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING

    1. 6.Applicants and employees

    2. 7.Discrimination by persons with statutory power to select employees for others

    3. 8.Exception for genuine occupational requirement etc

    4. 9.Contract workers

    5. 10.Meaning of employment and contract work at establishment in Northern Ireland

    6. 11.Trustees and managers of occupational pension schemes

    7. 12.Office-holders etc

    8. 13.Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve

    9. 14.Other police bodies

    10. 15.Barristers

    11. 16.Partnerships

    12. 17.Trade organisations

    13. 18.Qualifications bodies

    14. 19.Providers of vocational training

    15. 20.Employment agencies, careers guidance etc

    16. 21.Assisting persons to obtain employment etc

    17. 22.Institutions of further and higher education

    18. 23.Relationships which have come to an end

  4. PART III OTHER UNLAWFUL ACTS

    1. 24.Liability of employers and principals

    2. 25.Aiding unlawful acts

  5. PART IV GENERAL EXCEPTIONS FROM PARTS II AND III

    1. 26.Exception for national security etc

    2. 27.Effect of certificates by Secretary of State

    3. 28.Exception for benefits dependent on marital status

    4. 29.Exceptions for positive action

  6. PART V FUNCTIONS OF THE EQUALITY COMMISSION

    1. 30.General duty of Commission

    2. 31.Research and education

    3. 32.Codes of practice

  7. PART VI ENFORCEMENT

    1. 33.Restriction of proceedings for breach of Regulations

    2. 34.Jurisdiction of industrial tribunals

    3. 35.Burden of proof: industrial tribunals

    4. 36.Remedies on complaints in industrial tribunals

    5. 37.Jurisdiction of county courts

    6. 38.Burden of proof: county courts

    7. 39.Help for persons in obtaining information etc

    8. 40.Assistance by Commission

    9. 41.Period within which proceedings to be brought

  8. PART VII SUPPLEMENTAL

    1. 42.Validity of contracts, collective agreements and rules of undertakings

    2. 43.Application to the Crown etc

    3. 44.Amendments to legislation

  9. Signature

    1. SCHEDULE 1

      OCCUPATIONAL PENSION SCHEMES

      1. Interpretation

        1. 1.(1) In this Schedule – “active member”, “deferred member”, “managers”,...

      2. Non-discrimination rule

        1. 2.Every occupational pension scheme shall be treated as including a...

        2. 3.The other provisions of the scheme are to have effect...

        3. 4.The trustees or managers of an occupational pension scheme may...

        4. 5.Alterations made by a resolution such as is referred to...

      3. Procedure in industrial tribunals

        1. 6.Where under regulation 34 (jurisdiction of industrial tribunals) a member...

      4. Remedies in industrial tribunals

        1. 7.(1) This paragraph applies where – (a) under regulation 34...

    2. SCHEDULE 2

    3. SCHEDULE 3

    4. SCHEDULE 4

      VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

      1. PART I validity and revision of contracts

        1. 1.(1) A term of a contract is void where –...

        2. 2.(1) Paragraph 1(3) does not apply –

        3. 3.(1) On the application of a person interested in a...

      2. PART II collective agreements and rules of undertakings

        1. 4.(1) This Part of this Schedule applies to –

        2. 5.A person to whom this paragraph applies may present a...

        3. 6.In the case of a complaint about –

        4. 7.In the case of a complaint about a rule made...

        5. 8.(1) When an industrial tribunal finds that a complaint presented...

        6. 9.The avoidance by virtue of paragraph 4(2) of any term...

        7. 10.In this Schedule “collective agreement” means any agreement relating to...

    5. SCHEDULE 5

      AMENDMENTS TO LEGISLATION

      1. 1.The Industrial Tribunals (Northern Ireland) Order 1996 is amended as...

      2. 2.Article 160 (compensation for acts which are both unfair dismissal...

      3. 3.(1) In Article 85(1) of the Fair Employment and Treatment...

      4. 4.In the Employment Order (Northern Ireland) 2003 at the end...

  11. Explanatory Note