Statutory Rules of Northern Ireland

(a) on either of those grounds he treats that other less favourably than he treats or would treat other persons; or

(b) he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same religious belief or political opinion as that other but -


(i) which puts or would put persons of the same religious belief or of the same political opinion as that other at a particular disadvantage when compared with other persons;

(ii) which puts that other at that disadvantage; and

(iii) which he cannot show to be a proportionate means of achieving a legitimate aim.

    (2B) The provisions mentioned in paragraph (2A) are -

(a) Part III;

(b) Article 27, so far as it applies to vocational training or vocational guidance;

(c) Article 32; and

(d) Part V, in its application to the provisions referred to in sub-paragraphs (a) to (c).".

(a) violating B's dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

    (2) Conduct shall be regarded as having the effect specified in sub-paragraphs (a) and (b) of paragraph (1) only if, having regard to all the circumstances, including, in particular, the perception of B, it should reasonably be considered as having that effect.

    (3) For the purposes of this Order a person subjects another to unlawful harassment if he engages in conduct in relation to that other which is unlawful by virtue of any provision mentioned in Article 3(2B).".

" if the employee -

(a) does his work wholly or partly in Northern Ireland; or

(b) does his work wholly outside Northern Ireland and paragraph (1A) applies.".

(a) the employer has a place of business at an establishment in Northern Ireland;

(b) the work is for the purposes of the business carried on at that establishment; and

(c) the employee is ordinarily resident in Northern Ireland -


(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.".

(a) paragraph (1) shall have effect as if the references to Northern Ireland in sub-paragraphs (a) and (b) included any area for the time being designated under section 1(7) of the Continental Shelf Act 1964, or any part of such an area, in which the law of Northern Ireland applies; and

(b) paragraph (2) shall have effect as if the last reference to Northern Ireland included such an area, or any part of such an area.".

(a) to the termination of that person's employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and

(b) to the termination of that person's employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.".

(a) in the arrangements which he makes for the purpose of determining to whom the appointment should be offered;

(b) in the terms on which he offers him the appointment; or

(c) by refusing to offer him the appointment.

    (2) It is unlawful, in relation to an appointment to an office or post to which this Article applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person -

(a) in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or

(b) in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

    (3) It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this Article applies, to discriminate against him -

(a) in the terms of the appointment;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;

(c) by terminating the appointment; or

(d) by subjecting him to any other detriment in relation to the appointment.

    (4) It is unlawful for a relevant person, in relation to an office or post to which this Article applies, to subject to harassment a person -

(a) who has been appointed to the office or post;

(b) who is seeking or being considered for appointment to the office or post; or

(c) who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post referred to in paragraph (8)(b).

    (5) Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of Article 70 and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of Article 70 to refuse to offer the person such employment.

    (6) Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless -

(a) that provision differs in a material respect from the provision of the benefits by the relevant person to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds; or

(b) the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or

(c) the benefits relate to training.

    (7) In paragraph (3)(c) the reference to the termination of the appointment includes a reference -

(a) to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and

(b) to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.

    (8) This Article applies to -

(a) any office or post to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration; and

(b) any office or post to which appointments are made by (or on the recommendation of or subject to the approval of) a Minister of the Crown, a Northern Ireland Minister, the Assembly or a government department,

but not a political office or a case where Article 19, 20, 21, 26 or 32 applies, or would apply but for the operation of any other provision of this Order.

    (9) For the purposes of paragraph (8)(a) the holder of an office or post -

(a) is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;

(b) is not to be regarded as entitled to remuneration merely because he is entitled to payments -


(i) in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii) by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

    (10) In this Article -

(a) who is not a member of the organisation -


(i) in the terms on which it is prepared to admit him to membership of the organisation; or

(ii) by refusing to accept, or deliberately not accepting, his application for membership; or



(b) who is a member of the organisation -



(i) in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

(ii) by depriving him of membership, or varying the terms on which he is a member; or

(iii) by subjecting him to any other detriment.

    (2) It is unlawful for a vocational organisation, in relation to a person's membership or application for membership of that organisation, to subject that person to harassment.".

(a) which is rendered unlawful by Article 27; or

(b) which would be rendered unlawful by Article 27 but for the operation of any other provision of this Order.".

(a) defining terms used in this Article and in that Schedule;

(b) treating every occupational pension scheme as including a non-discrimination rule;

(c) giving trustees or managers of an occupational pension scheme power to alter the scheme so as to secure conformity with the non-discrimination rule;

(d) making provision in relation to the procedures, and remedies which may be granted, on certain complaints relating to occupational pension schemes presented to the Tribunal under Article 38.".

(a) if they do not (apart from this paragraph) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule; or

(b) if they have such power but the procedure for doing so: -


(i) is liable to be unduly complex or protracted; or

(ii) involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty;



by resolution make such alterations to the scheme.

(a) have committed against him an act which is unlawful by virtue of Article 25A or 33A; or

(b) are by virtue of Article 35 or 36 to be treated as having committed against him such an act;

the employer in relation to the scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.

(a) under Article 38 a member or prospective member of an occupational pension scheme ("the complainant") presents to the Tribunal a complaint against the trustees or managers of the scheme or an employer;

(b) the complainant is not a pensioner member of the scheme;

(c) the complaint relates to the terms on which persons become members of the scheme, or the terms on which members of the scheme are treated; and

(d) the Tribunal finds the complaint to be well-founded.

    (2) Where this paragraph applies, the Tribunal may, without prejudice to the generality of its power under Article 39(1)(a), make an order declaring that the complainant has a right -

(a) where the complaint relates to the terms on which persons become members of the scheme, to be admitted to the scheme;

(b) where the complaint relates to the terms on which members of the scheme are treated, to membership of the scheme without discrimination.

    (3) An order under sub-paragraph (2) -

(a) may be made in respect of such period as is specified in the order (but may not be made in respect of any time before 10th December 2003);

(b) may make such provision as the Tribunal considers appropriate as to the terms on which, or the capacity in which, the complainant is to enjoy such admission or membership.

    (4) Where this paragraph applies, the Tribunal may not make an order for compensation under Article 39(1)(b), whether in relation to arrears of benefits or otherwise, except -

(a) for injury to feelings;

(b) by virtue of Article 39(5).".

(a) to the termination of that person's partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

(b) to the termination of that person's partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.".

(a) a person who applies for admission to the establishment as a student; or

(b) a student of the establishment.".

(a) an act of discrimination by one party to the relationship ("the relevant party") against another party to the relationship, or

(b) harassment of another party to the relationship by the relevant party,

is unlawful.

    (2) Where a relevant relationship has come to an end it is unlawful for the relevant party -

(a) to discriminate against another party by subjecting him to a detriment, or

(b) to subject another party to harassment

where the discrimination or harassment arises out of and is closely connected to that relationship.

    (3) In paragraph (1) reference to an act of discrimination or harassment which is unlawful includes in the case of a relationship which has come to an end before 10th December 2003, reference to such an act which would, after that date, be unlawful.

    (4) For the purposes of any proceedings in respect of an unlawful act under paragraph (2) that act shall be treated as falling within circumstances relevant for the purposes of such of the provisions referred to in paragraph (1) as determine most closely the nature of the relevant relationship.".

(a) has committed an act of unlawful discrimination or unlawful harassment against the complainant, or

(b) is by virtue of Article 35 or 36 to be treated as having committed such an act of discrimination or harassment against the complainant,

the Tribunal shall uphold the complaint unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.".

(a) has committed an act of discrimination which is unlawful by virtue of any provision referred to in Article 3(2B)(b), or Part V in its application to that provision, or

(b) has committed an act of harassment which is unlawful by virtue of Article 27(1A).

    (2) Where on the hearing of the claim, the claimant proves facts from which the court could, apart from this Article, conclude in the absence of an adequate explanation that the respondent -

(a) has committed such an act of discrimination or harassment against the claimant, or

(b) is by virtue of Article 35 or 36 to be treated as having committed such an act of discrimination or harassment against the claimant,

the court shall uphold the claim unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.".

(a) Part VII does not apply to or in relation to employment as a teacher in a school; and

(b) the other provisions of this Order do not apply to or in relation to the recruitment of a person as a teacher in a school.".

(a) any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;

(b) any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;

(c) any rule made by an organisation to which Article 23 applies for application to all or any of its members or prospective members; or

(d) any rule made by a person to whom Article 25 applies for application to all or any of the persons on whom he has conferred qualifications or who are seeking the qualifications which he has power to confer.

    (2) Any term or rule to which this Article applies is void where, as the case may be -

(a) the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of a provision referred to in Article 3(2B);

(b) the term or rule is included or made in furtherance of an act which is unlawful by virtue of such a provision; or

(c) the term or rule provides for the doing of such an act.

(i) in paragraph (1) for the words "Article 3(2)" substitute "Article 3(2A)" and for the words "requirement or condition", in both instances where they occur, substitute "provision, criterion or practice"; and

(ii) in paragraphs (2) and (3) for the words "requirement or condition" substitute "provision, criterion or practice"; and

(j) in Article 101(1) omit sub-paragraph (b).