Anti-discrimination law in Northern Ireland

NI statutes and their GB equivalents

The table below maps each NI anti-discrimination statute to the protected ground it covers and the equivalent provision in GB law.

Key differences from the Equality Act 2010

Because NI retains individual statutes rather than a single Act, there are several practical differences employers should understand:

What NI has that GB does not

• Religion and political opinion as a combined protected ground under FETO -- in GB, religion/belief is protected but political opinion is not a stand-alone protected characteristic
• Fair employment monitoring obligations (11+ employees must register with ECNI and submit annual workforce monitoring returns) -- no GB equivalent exists
• Section 75 duty on NI public authorities to promote equality of opportunity across nine categories, which is broader than the GB Public Sector Equality Duty

What GB has that NI does not

• Combined discrimination (dual characteristics) -- the EA 2010 provision has never been commenced even in GB, so this is a theoretical difference
• Socio-economic duty (EA 2010, s.1) -- commenced in Scotland and Wales but not in England; no equivalent in NI
• Single consolidated framework -- GB employers can refer to one Act, while NI employers must check multiple statutes for each protected ground
• Positive action provisions (EA 2010, ss.158-159) -- NI has a different framework for affirmative action, particularly under FETO

Where the Disability Discrimination Act 1995 differs

The DDA 1995 remains in force in NI in its original form. Key differences from the disability provisions in the Equality Act 2010 include:

• The definition of disability and the test for "substantial adverse effect" may be interpreted differently in some respects
• Case law on the DDA 1995 in NI courts may diverge from EA 2010 case law in GB tribunals
• Employers familiar with EA 2010 disability guidance should check NI-specific ECNI guidance for any differences

Where to bring claims

Practical guidance for employers

If you are unsure which statute applies to a particular situation, the ECNI provides free advisory services for employers. For day-to-day compliance:

• Maintain an equal opportunities policy that references the NI statutes (not the Equality Act 2010)
• Use ECNI guidance rather than EHRC guidance when developing policies and procedures for NI staff
• Ensure training materials reflect NI law -- many off-the-shelf equality training packages are written for GB employers only
• If you operate in both NI and GB, consider whether you need separate equality policies or a single policy that clearly addresses both jurisdictions

For procedural guidance on fair employment monitoring, see Fair employment monitoring requirements in Northern Ireland. For a broader overview of NI employment law differences, see Employment law in Northern Ireland: key differences from Great Britain.