The rules here are for Northern Ireland.
Which law applies
You must follow all of the laws below. They apply to every employer, whatever its size, and protect job applicants, employees and contract workers. Separate rules also protect trade union members, and part-time and fixed-term workers, from unfair treatment.
How it differs from the Equality Act 2010
You check a different law for each ground, rather than one Act. The differences that matter most to an employer are these.
- Political opinion is protected. The Equality Act 2010 does not protect it, but the protection here excludes any opinion that supports or accepts the use of violence for political ends connected with the affairs of Northern Ireland, or for putting the public in fear.
- Religious belief includes similar philosophical belief. It covers having no belief, and it covers treating someone badly because you think they hold a particular belief or opinion, even if you are wrong.
- Employers with more than 10 employees must also register with the Equality Commission for Northern Ireland and monitor the community background of their workforce, a duty with no equivalent in Great Britain.
Where claims go
A claim about religious belief, similar philosophical belief or political opinion goes to the Fair Employment Tribunal. A claim on any other ground goes to the Industrial Tribunal.
Before making a claim, a person must tell the Labour Relations Agency, which offers early conciliation. Claims usually have to be presented within three or six months of the act complained of, depending on the claim. Notifying the Agency within that time stops the clock for up to a month.
What to change in your policies
Base your equal opportunities policy on the Northern Ireland laws, not the Equality Act 2010, and make sure it covers religious belief, political opinion and the other grounds above. Use guidance from the Equality Commission for Northern Ireland, which advises employers, rather than guidance written for Great Britain.
Check that any equality training you buy covers Northern Ireland law, because off-the-shelf packages are often written for Great Britain. If you also employ people elsewhere in the UK, your policy must show which framework applies where.
Legal basis
Primary legislation and key regulations
Official guidance
nidirect - Early conciliation (opens in a new tab)
GOV.UK · Northern Ireland
nibusinessinfo - Workplace discrimination due to religious belief, political opinion or philosophical belief (opens in a new tab)
www.nibusinessinfo.co.uk · Northern Ireland
nibusinessinfo - Equality law and types of workplace discrimination (opens in a new tab)
www.nibusinessinfo.co.uk · Northern Ireland
Equality Commission for Northern Ireland (opens in a new tab)
www.equalityni.org · Northern Ireland