| Guvnor

Enforced by: ECNI
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 14 of 34 obligations carry an unlimited fine. 20 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer10 Any Person10 Director or Officer2 Employee1 Trustee1

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 701 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 53 duties

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Employee — also bound by 193 other Acts

Regulation (EU) No 965/2012 (Air Operations) 18 duties

Employment Rights (Northern Ireland) Order 1996 13 duties

The Income Tax (Pay As You Earn) Regulations 2003 11 duties

Shared Parental Leave Regulations 2014 10 duties

Paternity and Adoption Leave Regulations 2002 9 duties

Trustee — also bound by 120 other Acts

The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 79 duties

The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022 40 duties

Charities Act 2011 27 duties

The Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025 24 duties

Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 22 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.001 Title and commencement

s.002 General interpretation

s.003 “Discrimination” and “unlawful discrimination”

s.004 “Affirmative action”

s.005 “Equality of opportunity”

s.006 “Employment in Northern Ireland” and “occupation in Northern Ireland”

s.“harassment” and “unlawful harassment” “Harassment” and “unlawful harassment”

Part 2

FUNCTIONS OF THE EQUALITY COMMISSION

4 of 12 sections shown

s.007 General duty of Commission Regulated

Other duties (1) — Crown / regulator

Equality Commission must promote equality and review anti-discrimination lawStatutory regulator

s.009 Codes of practice Regulated

Other duties (1) — Crown / regulator

Equality Commission must maintain and issue equality codes of practiceStatutory regulator

s.010 Identification of patterns and trends of employment, etc. Regulated

Other duties (1) — Crown / regulator

Equality Commission must monitor employment equality patterns and trendsStatutory regulator

s.018 Restriction on disclosure of information Prosecution

Unlawfully disclosing an individual's religious beliefDirector or Officer

Unlimited fine

8 other sections in this Part — procedural and definitional

s.008 Educational and advisory functions

s.011 Investigation of practices

s.012 Undertaking following investigation under Article 11

s.013 Voluntary undertakings

s.014 Directions under Articles 12 and 13

s.015 Appeal to Tribunal against directions under Article 12 or 13

s.016 Order of Tribunal to enforce undertaking or directions

s.017 Failure to comply with order of Tribunal

Part 3

DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD

6 of 11 sections shown

s.019 . . . applicants and employees Regulated

Do not discriminate against job applicants or employees in Northern IrelandEmployer

s.022 . . . employment agencies Prosecution

Provide false or misleading statement to an employment agencyAny Person

Unlimited fine

s.023 Vocational organisations Regulated

Do not discriminate against or harass members or applicantsAny Person

s.025 . . . persons with power to confer qualifications Regulated

Do not discriminate or harass when conferring professional qualificationsAny Person

s.026 . . . partnerships Regulated

Prevent discrimination and harassment in partnershipsEmployer

s.trustees and managers of occupational pension sche Trustees and managers of occupational pension schemes Regulated

Do not discriminate against or harass pension scheme membersTrustee

5 other sections in this Part — procedural and definitional

s.020 . . . contract workers

s.021 . . . persons with statutory power to select employees for others

s.024 . . . persons providing training services

s.assisting persons to obtain employment etc. Assisting persons to obtain employment etc.

s.office-holders etc. Office-holders etc.

Part 4

DISCRIMINATION AND HARASSMENT IN OTHER FIELDS

3 of 7 sections shown

s.027 . . . bodies in charge of further and higher educational establishments Regulated

Do not discriminate against students or applicantsAny Person

s.028 Discrimination in provision of goods, facilities or services Regulated

Do not discriminate when providing goods, facilities or servicesAny Person

s.032 . . . barristers Regulated

Do not discriminate against or harass barristers' pupils or those instructing barristersAny Person

4 other sections in this Part — procedural and definitional

s.029 Discrimination in disposal or management of premises

s.030 Exception from Articles 28(1) and 29; small dwellings

s.031 Further exceptions from Articles 28(1) and 29

s.033 Extent of Part IV

Part 5

OTHER UNLAWFUL ACTS

2 of 4 sections shown

s.034 Discriminatory advertisements Prosecution

Publish a discriminatory advertisementAny Person

Unlimited fine

s.035 Accessories and incitement Prosecution

Make false or misleading statement to induce unlawful actAny Person

Unlimited fine

2 other sections in this Part — procedural and definitional

s.036 Liability of employers and principals

s.relationships which have come to an end Relationships which have come to an end

Part 6

ENFORCEMENT OF PARTS III TO V

2 of 14 sections shown

s.044 Help for aggrieved persons in obtaining information, etc. Regulated

Other duties (1) — Crown / regulator

Department must prescribe forms for questioning respondentsCrown / Minister / Government department

s.045 Advice and assistance from Commission Regulated

Other duties (1) — Crown / regulator

Equality Commission must provide advice and may assist in legal proceedingsStatutory regulator

12 other sections in this Part — procedural and definitional

s.037 Restriction on proceedings for breach of this Order

s.038 Complaint to Tribunal

s.039 Remedies on complaint under Article 38

s.040 Claims under Part IV

s.041 Persistent discrimination

s.042 Enforcement of Article 34

s.043 Undertakings by persons contravening Part IV

s.046 Period within which proceedings must be brought

s.burden of proof: county court Burden of proof: county court

s.burden of proof: tribunal Burden of proof: Tribunal

s.extension of time limits: mediation Extension of time limits: mediation

s.extension of time limit to allow conciliation Extension of time limit to allow conciliation

Part 7

DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES

11 of 23 sections shown

s.047 The register of concerns in which people are employed Regulated

Other duties (1) — Crown / regulator

Equality Commission must maintain a public register of employersStatutory regulator

s.048 Employers to apply for registration Prosecution

Fail to apply for registration when requiredEmployer

Unlimited fine

s.049 Rectification of the register Prosecution

Fail to apply to the Fair Employment register within one monthEmployer

Unlimited fine

s.052 Monitoring returns Prosecution

Fail to file required monitoring returnEmployer

Unlimited fine

s.053 Regulations as to monitoring Prosecution

Fail to comply with religious/community monitoring requirementsEmployer

Unlimited fine

s.054 Monitoring applicants Prosecution

Fail to comply with applicant monitoring requirementsEmployer

Unlimited fine

s.055 Periodic reviews by employers Regulated

Review workforce composition and employment practices every 3 years for fair participationEmployer

s.056 Enquiries by the Commission Prosecution

Fail to provide information when required by the CommissionEmployer

Unlimited fine

s.060 Notices about goals and timetables Prosecution

Fail to give required information (or give false information) under a goals‑timetable noticeEmployer

Unlimited fine

s.065 Enforcement at instance of Commission and actions for breach of duty Regulated

Other duties (1) — Crown / regulator

Equality Commission may seek High Court injunctions for non-complianceStatutory regulator

s.067 Additional powers of Commission to obtain information Prosecution

Fail to provide information to the Fair Employment CommissionAny Person

Unlimited fine

12 other sections in this Part — procedural and definitional

s.050 Power to specify public authorities by order

s.051 Certain public authorities to be treated as employers

s.057 Undertakings in connection with monitoring and reviews

s.058 Directions

s.059 Application of Articles 15 to 17

s.061 Power to secure further undertakings or issue further directions

s.062 Employers in default: notice stating they are not qualified

s.063 Notice stating that connected and other persons are not qualified

s.064 Restriction on execution of works, etc. by unqualified persons

s.066 Denial of financial assistance to unqualified persons

s.068 Procedure in case of default by Crown bodies

s.069 Interpretation of this Part

Part 8

EXCEPTIONS

0 of 12 sections shown

12 other sections in this Part — procedural and definitional

s.070 Excepted employments, etc.

s.071 School teachers

s.072 Provision of training in pursuance of affirmative action

s.073 Redundancy

s.074 Measures to encourage applications, etc. from under-represented community

s.075 Selection of unemployed persons

s.076 Religion specific training

s.077 Charities

s.078 Acts done under statutory authority

s.079 Acts safeguarding national security, etc.

s.080 Effect of certificates by Secretary of State

s.the police and the police support staff The police and the police support staff

Part 9

THE FAIR EMPLOYMENT TRIBUNAL

4 of 18 sections shown

s.084 Tribunal procedure Prosecution

Fail to comply with tribunal procedural requirementsAny Person

Unlimited fine

s.089 Labour Relations Agency arbitration scheme Regulated

Other duties (1) — Crown / regulator

Labour Relations Agency may provide arbitration for employment disputesStatutory regulator

s.art088 Requirement to contact Labour Relations Agency before complaint to Tribunal Regulated

Contact the Labour Relations Agency before filing a Tribunal claimEmployee

s.art088 Conciliation after complaint presented Regulated

Other duties (1) — Crown / regulator

Labour Relations Agency must promote settlements in discrimination claimsStatutory regulator

14 other sections in this Part — procedural and definitional

s.081 The Fair Employment Tribunal

s.082 President, Vice-President and Chairmen

s.083 Remuneration and allowances

s.085 Procedure for matters within jurisdiction of industrial tribunal

s.086 Interest on awards of compensation

s.087 Enforcement

s.088 Conciliation

s.090 Appeals from Tribunal

s.conciliation before complaint to tribunal: other l Conciliation before complaint to Tribunal: other Labour Relations Agency duties

s.conciliation: recovery of sums payable under compr Conciliation: recovery of sums payable under compromises

s.costs and expenses Costs and expenses

s.payments in respect of preparation time Payments in respect of preparation time

s.practice directions Practice directions

s.pre-hearing reviews and preliminary matters Pre-hearing reviews and preliminary matters

Part 10

APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.091 Application to the Crown

s.092 Proceedings against the Crown

s.093 Disclosure of information by Crown for purposes of investigation or proceedings

s.094 The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve

s.095 Procedure following investigation under Article 11 in relation to certain public authorities

s.other police bodies Other police bodies

Part 11

MISCELLANEOUS AMENDMENTS

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.096 Acts safeguarding national security, etc.

s.097 Selection of unemployed persons

s.098 Acts safeguarding national security, etc.

Part 12

SUPPLEMENTARY

2 of 9 sections shown

s.102 Offences by bodies corporate and partnerships Prosecution

Personal liability for directors and partners in discrimination casesDirector or Officer

Unlimited fine

s.art100 Complaints relating to collective agreements and rules of undertaking Regulated

Other duties (1) — Crown / regulator

Tribunal must declare discriminatory contract terms or workplace rules voidTribunal / Court

amended 1 time

7 other sections in this Part — procedural and definitional

s.099 Power of High Court to revise contracts

s.100 Restrictions on contracting out

s.101 Power to amend this Order

s.103 Service of documents

s.104 Regulations and orders

s.105 Amendments, transitional provisions, savings and repeals

s.collective agreements and rules of undertaking Collective agreements and rules of undertaking

Schedules

0 of 34 shown

34 other schedules

s.sch001 CODES OF PRACTICE

s.sch001 (1) Where the Commission proposes to issue a code of practice under Article 9(3), it...

s.sch001 (1) The Commission may from time to time revise the whole or any part of...

s.sch001 The Commission shall— (a) publish a code of practice under Article 9 as for the...

s.sch001 The Commission and the Department shall each take such steps as they consider necessary to...

s.sch001 A failure on the part of any person to observe any provision of a code...

s.sch002 CONDUCT OF INVESTIGATIONS BY THE COMMISSION

s.sch002 In this Schedule “the investigation” means an investigation under Article...

s.sch002 Without prejudice to paragraph 7(3)(c), the Commission may, if it thinks fit, pay to any...

s.sch002 Before holding the investigation, the Commission shall— (a) serve on every person whose practices it...

s.sch002 The Commission shall afford to every person such as is mentioned in paragraph 2(a) an...

s.sch002 The investigation shall be conducted in private.

s.sch002 Subject to paragraphs 3 and 4, the procedure for conducting the investigation shall be such...

s.sch002 For the purposes of the investigation, the Commission may obtain information from such persons and...

s.sch002 (1) For the purposes of the investigation the Commission may require any person who in...

s.sch002 For the purposes of the investigation the Commission may also require an employer or vocational...

s.sch002 (1) If any person, without lawful authority or reasonable excuse, obstructs the Commission or any...

s.sch002a OCCUPATIONAL PENSION SCHEMES

s.sch002a (1) In this Schedule— “active member”, “deferred member”, “managers”, “pensioner member” and “trustees or managers”,...

s.sch002a Every occupational pension scheme shall be treated as including a provision ("the non-discrimination rule") containing...

s.sch002a The other provisions of the scheme are to have effect subject to the non-discrimination rule.

s.sch002a The trustees or managers of an occupational pension scheme may— (a) if they do not...

s.sch002a Alterations made by a resolution such as is referred to in paragraph 4 may have...

s.sch002a Where under Article 38 a member or prospective member of an occupational pension scheme presents...

s.sch002a (1) This paragraph applies where— (a) under Article 38 a member or prospective member of...

s.sch004 TRANSITIONAL PROVISIONS AND SAVINGS

s.sch004 (1) Article 26 of this Order shall not apply in relation to any act done...

s.sch004 In relation to any act done before the coming into operation of Article 79— (a)...

s.sch004 In relation to any act done before the coming into operation of Article 96— (a)...

s.sch004 In relation to any act done before the coming into operation of Article 98— (a)...

s.sch004 If provisions of this Order come into operation before the day appointed by an Order...

s.sch004 (1) If provisions of this Order come into operation before the day appointed under section...

s.sch004 If Article 94 comes into operation before the day appointed under section 75(1) of the...

s.sch004 The repeals effected by this Order do not affect the operation of— (a) subsection (2)...

Help complying

Guvnor’s practical routes through this instrument.

Employing people in Northern Ireland

Complete guide to NI employment law including fair employment monitoring, equality obligations, and how NI legislation differs from Great Britain. Covers the …

Starting a business in Northern Ireland

Complete guide to NI-specific requirements when starting a business. Covers devolved differences in employment law, business rates, planning, health and safety, and …

Fair employment monitoring compliance problems

Troubleshooting fair employment monitoring and ECNI compliance for Northern Ireland employers. Covers registration failures, missed monitoring returns, triennial review problems, and responding …

Check the rules that apply in Northern Ireland

Quick checklist of key Northern Ireland differences from Great Britain. Check employment law, health and safety, planning, business rates, and equality obligations …

Follow anti-discrimination law in Northern Ireland

The Equality Act 2010 does not apply to employment in Northern Ireland. Employers there follow a separate law for each protected ground, …

How doing business in Northern Ireland differs from Great Britain

Northern Ireland has its own laws and regulators for employment, equality, planning, health and safety and more, so GB businesses cannot assume …

How employment law differs in Northern Ireland

Employment law in Northern Ireland is separate from Great Britain's. It mostly has the same effect but sits in different legislation, and …

Register and monitor your workforce for fair employment

If you employ more than 10 people in Northern Ireland, you must register with the Equality Commission within one month, record the …

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 SI 1999 Northern Ireland Statutory Rule

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Fair Employment and Treatment (Northern Ireland) Order 1998

Does it bind you?

Other Acts binding the same actors

What it requires

INTRODUCTORY

FUNCTIONS OF THE EQUALITY COMMISSION

DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD

DISCRIMINATION AND HARASSMENT IN OTHER FIELDS

OTHER UNLAWFUL ACTS

ENFORCEMENT OF PARTS III TO V

DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES

EXCEPTIONS

THE FAIR EMPLOYMENT TRIBUNAL

APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES

MISCELLANEOUS AMENDMENTS

SUPPLEMENTARY

Schedules

Help complying

Employing people in Northern Ireland

Starting a business in Northern Ireland

Fair employment monitoring compliance problems

Check the rules that apply in Northern Ireland

Follow anti-discrimination law in Northern Ireland

How doing business in Northern Ireland differs from Great Britain

How employment law differs in Northern Ireland

Register and monitor your workforce for fair employment

Connected legislation