Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
What this means for your business
- Applies to
- United Kingdom
- On this page
- 3 compliance obligations, 3 practical guides
What you must do
3 compliance obligations under this legislation.
Management duties 1
Comply with tribunal orders and recommendations on discrimination complaints
If an industrial tribunal decides you have discriminated against an employee because of sexual orientation, you must follow any orders it makes – for example, declaring rights, paying compensation, and especially carrying out any remedial actions it recommends within the time‑frame set. Failing to act can lead to higher compensation payments.
Offences and prohibitions 2
Make false statement that sexual orientation discrimination is lawful
Unlimited fineIf you tell someone that an act of discrimination because of sexual orientation is allowed, and you know (or recklessly ignore) that this is false, you are committing a criminal offence. On conviction in a Magistrates' Court you can be fined up to level 5 on the standard scale (effectively an unlimited fine). No prison term is provided for this offence.
Make false statement to an employment agency to justify discrimination
Unlimited fineIf you knowingly or recklessly tell an employment agency that it is lawful to discriminate against someone on the basis of sexual orientation when that is not true, you commit a criminal offence. On conviction you face a fine up to the maximum amount (unlimited). The case will be dealt with in the Magistrates' Court.
Penalties for non-compliance
2 penalties under this legislation. 2 carry an unlimited fine.
Make false statement that sexual orientation discrimination is lawful
Unlimited fine
Make false statement to an employment agency to justify discrimination
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Employment law in Northern Ireland: key differences from Great Britain
How employment law in Northern Ireland differs from Great Britain. Covers the Orders in Council legislative framework, the absence of …
Fair employment monitoring requirements in Northern Ireland
Step-by-step guide to complying with fair employment monitoring obligations in Northern Ireland. If you employ 11 or more people, you …
Anti-discrimination law in Northern Ireland
Reference guide to Northern Ireland's separate anti-discrimination statutes. NI does not have the Equality Act 2010 -- instead, employers must …
Sections and provisions
49 classified provisions from this legislation.
Powers 5
Definitions 8
- s.2 Interpretation sexual orientation the Commission the Department
- s.3 Discrimination on grounds of sexual orientation
- s.5 Harassment on grounds of sexual orientation
- s.10 Meaning of employment and contract work at establishment in Northern Ireland
- s.13 Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
- s.14 Other police bodies chief officer of police police authority police fund
- s.15 Barristers pupil
- Schedule 1 OCCUPATIONAL PENSION SCHEMES member non-discrimination rule
Exemptions 15
- s.4 Discrimination by way of victimisation
- s.6 Applicants and employees
- s.8 Exception for genuine occupational requirement etc
- s.9 Contract workers
- s.12 Office-holders etc
- s.16 Partnerships
- s.18 Qualifications bodies
- s.19 Providers of vocational training
- s.21 Assisting persons to obtain employment etc
- s.22 Institutions of further and higher education
- s.26 Exception for national security etc
- s.28 Exception for benefits dependent on marital status
- s.29 Exceptions for positive action
- s.43 Application to the Crown etc
- Schedule 4 VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS