UK Act of Parliament 1998 Northern Ireland

Fair Employment and Treatment (Northern Ireland) Order 1998

This Order repeals and re-enacts the Fair Employment (Northern Ireland) Act 1976 and the Fair Employment (Northern Ireland) Act 1989 with amendments. The principal amendments— make it unlawful to discriminate in the provision of goods, facilities and services on the ground of religious belief or political opinion; make it lawful …

Read the Act on legislation.gov.uk (opens in a new tab)
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 682 other Acts
TULRCA 1992 72 duties
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Employee — also bound by 189 other Acts
Trustee — also bound by 104 other Acts
Charities Act 2011 27 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 (opens in a new tab)
s.002 General interpretation (opens in a new tab)
s.003 “Discrimination” and “unlawful discrimination” (opens in a new tab)
s.004 “Affirmative action” (opens in a new tab)
s.005 “Equality of opportunity” (opens in a new tab)
s.006 “Employment in Northern Ireland” and “occupation in Northern Ireland” (opens in a new tab)
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 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Equality Commission must promote equality and review anti-discrimination lawStatutory regulator
s.009 Codes of practice (opens in a new tab) 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. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Equality Commission must monitor employment equality patterns and trendsStatutory regulator
s.018 Restriction on disclosure of information (opens in a new tab) 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 (opens in a new tab)
s.011 Investigation of practices (opens in a new tab)
s.012 Undertaking following investigation under Article 11 (opens in a new tab)
s.013 Voluntary undertakings (opens in a new tab)
s.014 Directions under Articles 12 and 13 (opens in a new tab)
s.015 Appeal to Tribunal against directions under Article 12 or 13 (opens in a new tab)
s.016 Order of Tribunal to enforce undertaking or directions (opens in a new tab)
s.017 Failure to comply with order of Tribunal (opens in a new tab)
Part 3

DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD

6 of 11 sections shown
s.019 . . . applicants and employees (opens in a new tab) Regulated
  • Do not discriminate against job applicants or employees in Northern IrelandEmployer
s.022 . . . employment agencies (opens in a new tab) Prosecution
  • Provide false or misleading statement to an employment agencyAny Person

Unlimited fine

s.023 Vocational organisations (opens in a new tab) Regulated
  • Do not discriminate against or harass members or applicantsAny Person
s.025 . . . persons with power to confer qualifications (opens in a new tab) Regulated
  • Do not discriminate or harass when conferring professional qualificationsAny Person
s.026 . . . partnerships (opens in a new tab) 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 (opens in a new tab)
s.021 . . . persons with statutory power to select employees for others (opens in a new tab)
s.024 . . . persons providing training services (opens in a new tab)
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 (opens in a new tab) Regulated
  • Do not discriminate against students or applicantsAny Person
s.028 Discrimination in provision of goods, facilities or services (opens in a new tab) Regulated
  • Do not discriminate when providing goods, facilities or servicesAny Person
s.032 . . . barristers (opens in a new tab) 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 (opens in a new tab)
s.030 Exception from Articles 28(1) and 29; small dwellings (opens in a new tab)
s.031 Further exceptions from Articles 28(1) and 29 (opens in a new tab)
s.033 Extent of Part IV (opens in a new tab)
Part 5

OTHER UNLAWFUL ACTS

2 of 4 sections shown
s.034 Discriminatory advertisements (opens in a new tab) Prosecution
  • Publish a discriminatory advertisementAny Person

Unlimited fine

s.035 Accessories and incitement (opens in a new tab) 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 (opens in a new tab)
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. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Department must prescribe forms for questioning respondentsCrown / Minister / Government department
s.045 Advice and assistance from Commission (opens in a new tab) 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 (opens in a new tab)
s.038 Complaint to Tribunal (opens in a new tab)
s.039 Remedies on complaint under Article 38 (opens in a new tab)
s.040 Claims under Part IV (opens in a new tab)
s.041 Persistent discrimination (opens in a new tab)
s.042 Enforcement of Article 34 (opens in a new tab)
s.043 Undertakings by persons contravening Part IV (opens in a new tab)
s.046 Period within which proceedings must be brought (opens in a new tab)
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 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Equality Commission must maintain a public register of employersStatutory regulator
s.048 Employers to apply for registration (opens in a new tab) Prosecution
  • Fail to apply for registration when requiredEmployer

Unlimited fine

s.049 Rectification of the register (opens in a new tab) Prosecution
  • Fail to apply to the Fair Employment register within one monthEmployer

Unlimited fine

s.052 Monitoring returns (opens in a new tab) Prosecution
  • Fail to file required monitoring returnEmployer

Unlimited fine

s.053 Regulations as to monitoring (opens in a new tab) Prosecution
  • Fail to comply with religious/community monitoring requirementsEmployer

Unlimited fine

s.054 Monitoring applicants (opens in a new tab) Prosecution
  • Fail to comply with applicant monitoring requirementsEmployer

Unlimited fine

s.055 Periodic reviews by employers (opens in a new tab) Regulated
  • Review workforce composition and employment practices every 3 years for fair participationEmployer
s.056 Enquiries by the Commission (opens in a new tab) Prosecution
  • Fail to provide information when required by the CommissionEmployer

Unlimited fine

s.060 Notices about goals and timetables (opens in a new tab) 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 (opens in a new tab) 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 (opens in a new tab) 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 (opens in a new tab)
s.051 Certain public authorities to be treated as employers (opens in a new tab)
s.057 Undertakings in connection with monitoring and reviews (opens in a new tab)
s.058 Directions (opens in a new tab)
s.059 Application of Articles 15 to 17 (opens in a new tab)
s.061 Power to secure further undertakings or issue further directions (opens in a new tab)
s.062 Employers in default: notice stating they are not qualified (opens in a new tab)
s.063 Notice stating that connected and other persons are not qualified (opens in a new tab)
s.064 Restriction on execution of works, etc. by unqualified persons (opens in a new tab)
s.066 Denial of financial assistance to unqualified persons (opens in a new tab)
s.068 Procedure in case of default by Crown bodies (opens in a new tab)
s.069 Interpretation of this Part (opens in a new tab)
Part 8

EXCEPTIONS

0 of 12 sections shown
12 other sections in this Part — procedural and definitional
s.070 Excepted employments, etc. (opens in a new tab)
s.071 School teachers (opens in a new tab)
s.072 Provision of training in pursuance of affirmative action (opens in a new tab)
s.073 Redundancy (opens in a new tab)
s.074 Measures to encourage applications, etc. from under-represented community (opens in a new tab)
s.075 Selection of unemployed persons (opens in a new tab)
s.076 Religion specific training (opens in a new tab)
s.077 Charities (opens in a new tab)
s.078 Acts done under statutory authority (opens in a new tab)
s.079 Acts safeguarding national security, etc. (opens in a new tab)
s.080 Effect of certificates by Secretary of State (opens in a new tab)
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 (opens in a new tab) Prosecution
  • Fail to comply with tribunal procedural requirementsAny Person

Unlimited fine

s.089 Labour Relations Agency arbitration scheme (opens in a new tab) 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 (opens in a new tab)
s.082 President, Vice-President and Chairmen (opens in a new tab)
s.083 Remuneration and allowances (opens in a new tab)
s.085 Procedure for matters within jurisdiction of industrial tribunal (opens in a new tab)
s.086 Interest on awards of compensation (opens in a new tab)
s.087 Enforcement (opens in a new tab)
s.088 Conciliation (opens in a new tab)
s.090 Appeals from Tribunal (opens in a new tab)
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 (opens in a new tab)
s.092 Proceedings against the Crown (opens in a new tab)
s.093 Disclosure of information by Crown for purposes of investigation or proceedings (opens in a new tab)
s.094 The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve (opens in a new tab)
s.095 Procedure following investigation under Article 11 in relation to certain public authorities (opens in a new tab)
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. (opens in a new tab)
s.097 Selection of unemployed persons (opens in a new tab)
s.098 Acts safeguarding national security, etc. (opens in a new tab)
Part 12

SUPPLEMENTARY

2 of 9 sections shown
s.102 Offences by bodies corporate and partnerships (opens in a new tab) 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 (opens in a new tab)
s.100 Restrictions on contracting out (opens in a new tab)
s.101 Power to amend this Order (opens in a new tab)
s.103 Service of documents (opens in a new tab)
s.104 Regulations and orders (opens in a new tab)
s.105 Amendments, transitional provisions, savings and repeals (opens in a new tab)
s.collective agreements and rules of undertaking Collective agreements and rules of undertaking
Schedules

Schedules

0 of 34 shown
34 other schedules
s.sch001 CODES OF PRACTICE (opens in a new tab)
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 (opens in a new tab)
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 (opens in a new tab)
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 …

Quick check: Northern Ireland-specific requirements

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

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 comply with …

Doing business in Northern Ireland: key differences from Great Britain

Comprehensive reference of the key regulatory divergences between Northern Ireland and Great Britain. Covers employment law, equality legislation, planning, business rates, health …

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 the Equality …

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 must register …

Northern Ireland business compliance checklist

A quick compliance checklist for businesses operating in Northern Ireland. Covers NI-specific obligations including fair employment monitoring, HSENI registration, fire safety, business …

Connected legislation

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

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