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Fair Employment (Northern Ireland) Act 1976



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Fair Employment
(Northern Ireland) Act 1976

ARRANGEMENT OF SECTIONS

PART I
THE FAIR EMPLOYMENT AGENCY
FOR NORTHERN IRELAND
Section
1.
Constitution and general duties of the Agency.
2.
Educational functions.
PART II
EQUALITY OF OPPORTUNITY
General
3.
Meaning of "equality of opportunity ".
4.
The Fair Employment Appeals Board.

Encouragement of commitment to standards and
principle of equality of opportunity
5.
Guide to manpower policy and practice.
6.
Declaration of commitment to, and intent to implement, principle of equality of opportunity.
7.
The Register of Equal Opportunity Employers and Organisations.
8.
Appeal against removal of name from, or refusal to restore name to, the register in certain circumstances.
9.
Publication of names of Equal Opportunity Employers and Organisations.
10.
Offences in relation to s. 7.

Identification of patterns and trends
of employment, etc.
11.
Survey of employment, etc., patterns.

Investigation and remedying of practices which
fail to afford equality of opportunity
12.
Investigation of employment, etc., practices.
13.
Undertaking or directions for remedying of certain practices.

Appeals and legal proceedings in relation to the
remedying of practices
14.
Appeal to Appeals Board against directions under s. 13.
15.
Enforcement by county court of undertaking or directions.
PART III
UNLAWFUL DISCRIMINATION
General
16.
Meaning of "discrimination" and "unlawful discrimination ".

Acts of unlawful discrimination
17.
Discrimination by employers.
18.
Discrimination against contract workers.
19.
Discrimination by persons with statutory power to select employees for others.
20.
Discrimination by employment agencies.
21.
Discrimination by vocational organisations.
22.
Discrimination by persons providing training services.
23.
Discrimination by persons with power to confer qualifications.

Complaints of unlawful discrimination
24.
Investigation of complaint of unlawful discrimination.
25.
Finding following investigation; attempts at conciliation.
26.
Further attempts at conciliation: recommendations.
27.
Remedying of practices excluding equality of opportunity which are disclosed on investigation of complaint.

Appeal against finding following complaint
of unlawful discrimination
28.
Appeal to county court against Agency's finding on complaint of unlawful discrimination.
29.
Supplementary provisions as to appeal under s. 28.

Legal proceedings to secure compensation for,
or the remedying of, unlawful discrimination
30.
Action in county court following breakdown of attempts at conciliation.
31.
Powers of court as to damages and injunctions.
32.
Power of court to revise contracts.

PART IV
OTHER UNLAWFUL ACTS
33
Discriminatory advertisements.
34.
Accessories and incitement.
35.
Liability of employers and principals.
36.
Enforcement of s. 33.

PART V
EXCEPTIONS
37.
Excepted employments, etc.
38.
Review of exception of school-teachers.
39.
Power to remove or limit exception of school-teachers.
40.
Charities.
41.
Acts done under statutory authority.
42.
Acts done to safeguard national security, etc.

PART VI
MISCELLANEOUS
Restriction on proceedings
43.
Restriction on proceedings for contravention of Act.

Supplementary provisions as to the county court
44.
Jurisdiction as to acts done on ships, etc.
45.
County court rules and orders.
46.
Powers of county court as to injunctions.
47.
Execution of order for damages or costs.
48.
Appeal from county court.

Construction of references to employment or
occupation in Northern Ireland
49.
Meaning of "employment in Northern Ireland and "occupation in Northern Ireland ".

Application to the Crown, police and public bodies
50.
Application of Act to the Crown.
51.
Proceedings against Crown for unlawful discrimination.
52.
Disclosure of information by Crown for purposes of investigation or proceedings.
53.
Application of Act to the police.
54.
Procedure following investigation under s. 12 of Minister, government department, certain statutory bodies or statutory officers and police.

General
55.
Service of documents.
56.
Orders and reports.
57.
General interpretation.
58.
Amendments and extension of enactments, and repeal.
59.
Short title, extent and commencement.

SCHEDULES:
Schedule 1 - The Fair Employment Agency for Northern Ireland.
Schedule 2 - The Fair Employment Appeals Board.
Schedule 3 - Declaration of Principle and Intent.
Schedule 4 - Conduct of Appeals by the Appeals Board.
Schedule 5 - Conduct of Investigations by the Agency.
Schedule 6 - Amendments.


Fair Employment Act
(Northern Ireland) 1976

1976 CHAPTER 25

An Act to establish an Agency with the duties of promoting equality of opportunity in employments and occupations in Northern Ireland between people of different religious beliefs and of working for the elimination of discrimination which is unlawful by virtue of the Act; to render unlawful, in connection with such employments and occupations, certain kinds of discrimination on the ground of religious belief or political opinion; and for connected purposes.
[22nd July 1976]

BE IT ENACTED by the Queen's most Excellent Majesty, by arid with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I
THE FAIR EMPLOYMENT AGENCY FOR NORTHERN IRELAND
1.(1) There shall be a body named the Fair Employment Agency for Northern Ireland (" the Agency "). consisting of a chairman and at least five but not more than eleven other members all appointed by the head of the Department of Manpower Services for Northern Ireland (" the Department ") which shall have the duties of- Constitution and general duties of the Agency.
(a) promoting equality of opportunity in Northern Ireland; and
(b) working for the elimination of discrimination which is unlawful by virtue of this Act,
and for the purposes of discharging those duties shall have the functions conferred on it by this Act.
(2) Schedule I shall have effect with respect to the Agency and its affairs.
2. (1) In order to assist the Agency in discharging its duties the Agency may- Educational functions.
(a) establish services for giving advice on matters connected with equality of opportunity;
(b)provide training courses;
(c) hold conferences;
(d) undertake research which appears to the Agency to be necessary or expedient for purposes of its functions; and
(e) disseminate (subject to the safeguard in Schedule 5. paragraph 12(4)) information about the Agency's activities or anything to which those activities relate;
or it may arrange for, or assist (financially or otherwise), any of those things to be done.
(2) The Agency may make charges for training or other facilities or services made available by it.


PART II
EQUALITY OF OPPORTUNITY
General
3.(1) In this Act "equality of opportunity" means equality of opportunity between persons of different religious beliefs. Meaning of "equality of opportunity"
(2) For the purposes of this Act a person of any religious belief has equality of opportunity with a person of any other religious belief if, being-
(a) a person who is seeking employment or in employment, or
(b) a person who is seeking to become engaged in, or is engaged in, any occupation,
he has in any circumstances the same opportunity of a kind mentioned in subsection (3) as that other person has or would have in those circumstances, due allowance being made for any material difference in their suitability.
(3) The kinds of opportunity referred to in subsection (2) are-
(a) in relation to an employment, the opportunity to be considered, and to be submitted for consideration, for the employment, and to have and hold it on any terms, with access to all benefits connected with it and without being subjected to any detriment; and
(b) in relation to an employment or an occupation,-
(i) the opportunity to become, and be, on any terms a member of any vocational organisation which exists for purposes of the employment or the occupation (or for purposes of employments or occupations of any class which includes the employment or occupation), with access to all the benefits of membership and without being subjected to any detriment, and
(ii) where services in connection with training for the employment are provided by a person other than the employer, or where services in connection with training for the occupation are provided by any person, the opportunity to have those services on any terms, with access to all benefits connected with them, and
(iii) the opportunity to have conferred on him, and to hold, on any terms any qualification which is needed for, or facilitates, his engagement in the employment or the occupation.
4. (1) There shall be a body named the Fair Employment Appeals Board ("the Appeals Board"), consisting of a chairman and two other members all appointed by the head of the Department, which shall have the functions of hearing and determining the appeals which are authorised by this Part to be made to the Appeals Board. The Fair Employment Appeals Board.
(2) At least one of the members of the Appeals Board shall be a barrister or solicitor of not less than seven years' standing.
(3) Schedule 2 shall have effect with respect to the Appeals Board and its affairs.
Encouragement of commitment to standards and principle
of equality of opportunity
5. (1) The Department, after consultation with the Standing Advisory Commission on Human Rights and the Agency, with such organisations appearing to it to be representative of employers, of organisations of workers, and of persons engaged in occupations in Northern Ireland as it thinks fit, and with such other persons as it thinks fit, shall prepare and cause to be published a guide to good manpower policy and practice containing recommendations as to policies and practices which, if adopted by employers and vocational organisations, would, in the opinion of the Department, promote equality of opportunity. Guide to manpower policy and practice.
(2) The Department shall take such steps as it considers necessary to publicise the guide and to encourage employers and vocational organisations in Northern Ireland to adopt the policies and practices recommended in it.
(3) The Department shall keep the contents of the guide under review and, when necessary, revise it and cause it to be published in its revised form.
(4) In carrying out its functions under this Act, the Agency, when considering whether equality of opportunity is or is not being afforded, shall have such regard to the recommendations contained in the guide as it considers proper in all the circumstances.
6.(1) As soon as reasonably practicable after the commencement of this Act the Agency shall invite such organisations as appear to it to be representative of employers, of organisations of workers, and of persons engaged in occupations in Northern Ireland to subscribe to a declaration of commitment to the principle of equality of opportunity, to be known as "the Declaration of Principle and Intent ", and to encourage their members to subscribe to it. Declaration of commitment to, and intent to implement, principle of equality of opportunity.
(2) The Agency shall also use its best endeavours to encourage all employers and all vocational organisations to subscribe to the Declaration.
(3) The Declaration shall be in the form set out in Schedule 3 or in such other form to the like effect as the Agency specifies as being appropriate for any particular declarant.
7. (1) The Agency shall keep a register of those who have subscribed to the Declaration of Principle and Intent; and each employer or organisation whose name is for the time being on the register shall be entitled to receive from the Agency, and to hold, a certificate describing him or it as an "Equal Opportunity Employer" or, as the case may be, an "Equal Opportunity Organisation ", and so to describe himself or itself. The Register of Equal Opportunity Employers and Organisations.
(2) The power of the Agency to keep the register includes power to fix its form and to rectify it; and in particular the Agency may-
(a) require a declarant, as a condition of remaining on the register, to reaffirm, at such intervals and in such manner as the Agency may determine, his intention to adhere to the Declaration;
(b) remove from the register the name of any declarant who-
(i) fails to comply with a requirement imposed under paragraph (a), or
(ii) has declared that he no longer adheres to the Declaration, or
(iii) is found by the Agency in consequence of an investigation under section 12 or section 24 to have acted in a manner inconsistent with adhering to the Declaration; and
(c) restore to the register the name of any declarant which has been removed, where the declarant reaffirms his intention to adhere to the Declaration and it appears to the Agency that he is likely to do so.
(3) When the Agency removes the name of any declarant from the register for any of the reasons mentioned in subsection (2) (b), it shall serve on him notice of the fact, stating the reason and requiring him to return to the Agency the certificate issued under subsection (1).
(4) Where a name is removed from the register under subsection (2)(b)(i) or (iii), the notice under subsection (3) shall inform the declarant of the right of appeal conferred by section 8.
(5) The register shall be open to public inspection during normal office hours free of charge; and any person shall be entitled to obtain from the Agency a copy of the register, or of any entry in it, upon payment of such reasonable fee as the Agency may fix.
8.(1) A declarant aggrieved- Appeal against removal of name
(a)by the removal of his name from the register under section 7(2)(b)(i) or (iii), or from, or refusal to restore name to,
(b) by the Agency's refusal to restore his name to the register upon his reaffirming the intention mentioned in section 7(2)(c). the register in certain circumstances.
may appeal to the Appeals Board against the removal or refusal.
(2) An appeal against the removal of a declarant's name from the register under section 7(2)(b)(i) may be made on the ground that in all the circumstances it was unreasonable of the Agency to require the declarant to reaffirm his intention to adhere to the Declaration of Principle and Intent, or to do so after any particular interval or in any particular manner.
(3) Schedule 4 shall have effect with respect to the conduct of an appeal under this section.
(4) Where, on an appeal under this section, the question arises whether a person has acted in a manner inconsistent with adhering to the Declaration of Principle and Intent, the Appeals Board shall have such regard as it considers proper in all the circumstances to the recommendations contained in the guide to good manpower policy and practice prepared by the Department under section 5.
(5) The Appeals Board may give such directions for the rectification of the register as it considers necessary for giving effect to its decision.
9.(1) The Agency shall take such steps as it considers necessary to publicise the names of employers and organisations on the register, and in particular the Agency shall, within six months from the commencement of this Act and thereafter at yearly intervals, notify the public authorities mentioned in subsection (2) of the names of employers' currently on the register. Publication of names of Equal Opportunity Employers and Organisations.
(2) The public authorities referred to in subsection (1) are-
(a) every authority and body listed in the following enactments (as for the time being in force)-
(i) the Parliamentary Commissioner Act (Northern Ireland) 1969, Schedule 1, and 1969 c. 10
(N.I.).
(ii) the Commissioner for Complaints Act (Northern Ireland) 1969. Schedule 1; 1969 c. 25
(N.I.).
(b) such of the authorities or bodies listed in the Parliamentary Commissioner Act 1967. Schedule 2, (as for the time being in force) as the Agency considers appropriate 1967 c. 13.
(c) the Police Authority for Northern Ireland; and
(d)the Post Office.
(3) When any employer's name is removed from the register, the Agency shall, as soon as reasonably practicable, notify each of those public authorities of the fact.
(4) Where a public authority notified of an employer's name under subsection (1) is of the opinion that the employer has acted in the course of performing a contract entered into with the authority in a manner inconsistent with the terms of the Declaration of Principle and Intent and his name has not already been removed from the register. the authority shall forthwith inform the Agency of the opinion, stating the reasons for it.
10.(1) If- Offences in relation to s.7.
(a) any employer who is not the holder of a certificate under section 7(1) for the time being in force describes himself or causes or permits himself to be described, or
(b)any person acting on behalf of -
(i) such an employer, or
(ii) an organisation which is not the holder of such a certificate,
describes that employer or organisation, or causes or permits him or it to be described,
as an Equal Opportunity Employer or an Equal Opportunity Organisation or by any other words calculated to give the impression that the employer or organisation has subscribed to the Declaration of Principle and Intent or is registered under section 7, that employer or, as the case may be, that person shall be guilty of an offence.
(2) Where an individual or a body corporate is required by a notice under section 7(3) to return a certificate to the Agency and fails without reasonable excuse to do so, he or it shall be guilty of an offence.
(3) Where an unincorporated body is required by a notice under section 7(3) to return a certificate to the Agency, the proper officer of the body shall be under a duty to ensure that the certificate is duly returned, and, if he fails without reasonable excuse to do so, he shall be guilty of an offence.
(4) An offence under subsection (1), (2) or (3) shall be punishable on summary conviction by a fine not exceeding £100.
(5) In any proceedings for any offence under this section a document purporting to be a certificate or other document issued by the Agency and to be signed by a duly authorised officer of the Agency which states-
(a)that a particular name was removed from the register on a particular day, or
(b) that a particular name was not for the time being registered in the register on a particular day,
shall, until the contrary is proved, be deemed to be such a certificate or document and to be properly issued and shall be evidence of the facts stated in it.
Identification of patterns and trends of employment, etc.
11.It shall be the duty of the Agency to identify and keep under review patterns and trends of employment in Northern Ireland and of occupations in Northern Ireland for the purposes of- Survey of employment, etc., patterns.
(a) considering whether they reveal the existence or absence of equality of opportunity; and
(b) assisting the Agency in forming an opinion about-
(i) the manner in which equality of opportunity can best be achieved, or
(ii) where such equality is absent, the reasons for its absence.
Investigation and remedying of practices which fail to
afford equality of opportunity
12.(1) For the purpose of assisting the Agency in- Investigation of employment, etc., practices.
(a) ascertaining the existence, nature and extent of failures to afford equality of opportunity; and
(b) considering what action, if any, for promoting equality of opportunity ought to be taken by any of the following persons (" the person concerned "), that is to say,-
(i) any employer, or
(ii) any person who is empowered by virtue of an enactment to select or nominate another person for employment by a third person, or
(iii) any employment agency, or
(iv) any vocational organisation, or
(v) any person who provides services in connection with training for employment in any capacity, or for any particular employment, (not being services provided by the employer of a person who is seeking to obtain or is receiving those services) or any person who provides services in connection with training for a particular occupation, or
(vi) any person who has power to confer a qualification which is needed for, or facilitates, engagement in employment in any capacity, or in a particular employment or occupation,
the Agency may conduct the investigations mentioned in subsection (2).
(2) Those investigations are investigations-
(a) into the composition, by reference to religious beliefs, of any of the following classes of person (or of any class of person within such a class), that is to say,-
(i) the employees of, or other persons who have applied for employment by, any employer or employers of any class, or
(ii) the persons who have applied for or obtained the services of any employment agency, or
(iii) the members of, or other persons who have applied for membership of, any vocational organisation or the members of such organisations of any class, or
(iv) the persons who have sought (or on whose behalf there have been sought) or who have obtained the services of a person such as is mentioned in subsection (l)(b)(v), or
(v) the persons who have applied to have, or have had, conferred on them any qualification such as is mentioned in subsection (1) (b) (vi); and
(b)into practices-
(i) affecting the recruitment, admission to membership or access to benefits or services of persons belonging to any class referred to in paragraph (a), or the terms of employment or membership or provision of services applicable to such persons, or
(ii) involving any detriment to such persons, or
(iii) affecting the conferring or holding of any qualification such as is mentioned in subsection (1) (b) (vi)
including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the class of person in question at that time.
(3) Schedule 5 shall have effect with respect to the conduct of investigations under this section.
13.(1) Where, following an investigation under section 12, the Agency is of the opinion that the person concerned has failed to afford equality of opportunity, either generally or in relation to any class of person, the Agency shall use its best endeavours- Undertaking or directions for remedying of certain practices.
(a) to ensure that he takes such action for promoting equality of opportunity as is, in all the circumstances, reasonable and appropriate; and
(b) where appropriate, to secure a satisfactory written undertaking by him that such action will be taken.
(2) Where the Agency asks the person concerned for an undertaking such as is mentioned in subsection (1)(b), but-
(a) the undertaking is not given, or
(b) the undertaking, although given, is not complied with, the Agency, unless it decides that no further action by it is appropriate,-
(i) where paragraph (a) applies, shall serve on the person concerned a notice containing directions such as are mentioned in subsection (3), or
(ii) where paragraph (b) applies, shall either serve on him such a notice (whose directions shall supersede the undertaking) or make an application to the county court under section 15 for enforcement of the undertaking.
(3) The directions contained in a notice served under subsection (2) (i) or (ii) shall be those which the Agency considers to be, in all the circumstances, reasonable and appropriate for promoting equality of opportunity, and the directions may in particular include-
(a)directions for the abandonment, or for the modification in accordance with any instructions given in the directions, of any practice which results or may result in failure to afford equality of opportunity, or for the substitution or adoption of new practices specified by the Agency; and
(b)such directions as the Agency considers necessary to ensure that other directions are duly carried out;
but the terms of directions contained in a notice served under subsection (2)(ii) which supersede an undertaking shall be such as, in the opinion of the Agency, are not more onerous than the terms of the undertaking.
(4) A notice served under subsection (2)(i) or (ii) shall inform the person concerned of the right of appeal against the directions which is conferred by section 14.
(5) The Agency, on the written application of the person concerned, may-
(a) revoke all of the directions; or
(b) modify the directions in accordance with the application-
(i) by revoking any of them, or
(ii) by substituting new directions for all or any of them;
and, in substitution for any directions which are revoked under paragraph (a), may accept from that person an undertaking such as is mentioned in subsection (l)(b).
(6) The Agency shall serve notice of the revocation or modification on the person concerned.
(7) Any reference in the succeeding provisions of this Act to directions given by the Agency-
(a) does not include directions revoked under subsection (5)(a) ; and
(b) where the directions have been modified under subsection (5)(b), is to them as so modified.
(8) The directions shall be binding on the person concerned (except to the extent that they are quashed, or other directions are substituted for them, by the Appeals Board under section 14) and shall be enforceable only in accordance with section 15.
Appeals and legal proceedings in relation to the remedying
of practices
14.(1) Where, under section 13, the Agency serves on the person concerned a notice containing directions (not being directions substituted for others in accordance with an application made by him under section 13(5)), he may, within 21 days from the date of service, appeal to the Appeals Board against the directions. Appeal to Appeals Board against directions under s. 13.
(2) The appeal may be brought on any of the following grounds-
(a)that in all the circumstances it is unreasonable to expect the appellant to comply with the directions;
(b)that in all the circumstances the directions are not appropriate for promoting equality of opportunity; or
(c) that the appellant is already affording equality of opportunity, and the directions are, therefore, unnecessary.
(3) Schedule 4 shall have effect with respect to the conduci of the appeal.
(4) On hearing the appeal the Appeals Board may-
(a)dismiss the appeal; or
(b)quash the directions or any of them; or
(c) substitute for the directions or any of them such other directions (of a kind that the Agency could have given) as the Appeals Board considers reasonable and appropriate in all the circumstances.
(5) Directions substituted under subsection (4)(c) shall be binding on the person concerned and shall be enforceable only in accordance with section 15.
(6) In coming to its decision the Appeals Board shall have such regard as it considers proper in all the circumstances to the recommendations contained in the guide to good manpower policy and practice prepared by the Department under section 5.
15.(1) Where, within such period as the Agency considers reasonable,-
(a) an undertaking to take action for promoting equality of opportunity-
(i) which has been given to the Agency under section 13(1) and has not been superseded by directions given by the Agency, or Enforcement by county court of undertaking or directions.
(ii) which has been given to the Agency under section 13(5),
has not been complied with; or
(b)directions given by the Agency have not been complied with,
or steps have not been taken to the Agency's satisfaction to comply with it or them, the Agency may, subject to subsection (2), make an application to the county court under this section for enforcement of the undertaking or the directions.
(2) Notice of an application for the enforcement of directions shall not be given-
(a) until the expiration of the period allowed by section 14(1) for an appeal to the Appeals Board against the directions; or
(b)if notice of such an appeal is served within that period-
(i) unless the appeal is abandoned or dismissed,
or
(ii) where the Appeals Board quashes, or makes substitutions for, some only of the directions, except in relation to directions which have not been quashed or for which no substitution has been made.
(3) On such an application the court shall have power to make an order (to which section 46 shall apply) directing the person concerned to do any act which he ought to do in order to fulfil all or any of his commitments under the undertaking or comply with all or any of his obligations under the directions.
(4) This section (except subsection (2)) applies also to directions substituted by the Appeals Board under section 14(4)(c) for directions given by the Agency.

PART III
UNLAWFUL DISCRIMINATION
General
16.(1) In this Act "discrimination" means- Meaning of "discrimination"
(a) discrimination on the ground of religious belief or political opinion; or and unlawful discrimination ".
(b) discrimination by way of victimisation;
and "discriminate" shall be construed accordingly.
(2) For the purposes of this Act a person discriminates against another person on the ground of religious belief or political opinion if, on either of those grounds, he treats that other person less favourably in any circumstances than he treats or would treat any other person in those circumstances.
(3) For the purposes of this Act a person discriminates against another person ("the person victimised") by way of victimisation if he treats that other person less favourably in any circumstances than he treats or would treat any other person in those circumstances, and does so by reason that the person victimised has-
(a)made a complaint against him or any other person under this Act of unlawful discrimination, or
(b) given evidence or information in connection with any such complaint or any investigation, legal proceedings or appeal under this Act, or
(c) alleged that he or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Act, or
(d) otherwise done anything under or by reference to this Act in relation to him or any other person,
or by reason that he knows the person victimised intends to do any of these things, or that he suspects the person victimised has done, or intends to do any of them.
(4) Subsection (3) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.
(5) For the purposes of this Act a person commits unlawful discrimination against another if he does an act in relation to that other which is unlawful by virtue of this Part, or if he is treated by virtue of any provision of Part IV as doing such an act.
Acts of unlawful discrimination
17. It shall be unlawful for an employer to discriminate against a person, in relation to employment in Northern Ireland, Discrimination by employers.
(a)where that person is seeking employment-
(i) in the arrangements the employer makes for the purpose of determining who should be offered employment, or
(ii) by refusing or deliberately omitting to offer that person employment for which he applies, or
(iii) in the terms on which he offers him employment; or
(b) where that person is employed by him-
(i) in the terms of employment which he affords him, or
(ii) in the way he affords him access to benefits or by refusing or deliberately omitting to afford him access to them, or
(iii) by dismissing him, or
(iv) by subjecting him to any other detriment.
18.(1) This section applies to any work for a person ("the principal") which is available to be done by individuals ("contract workers")- Discrimination against contract workers.
(a) who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal, and
(b) who, if they were instead employed by the principal to do that work, would be in his employment in Northern Ireland.
(2) It shall be unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker-
(a)in the terms on which he allows him to do that work, or
(b) by not allowing him to do it or continue to do it, or
(c) in the way he affords him access to benefits or by refusing or deliberately omitting to afford him access to them, or
(d) by subjecting him to any other detriment.
19.It shall be unlawful for a person who is empowered by virtue of an enactment to select or nominate another person for employment by a third person to discriminate against a person in relation to employment in Northern Ireland, - Discrimination by persons with statutory power to select employees for others.
(a) by refusing or deliberately omitting to select or nominate him for employment, or
(b) where candidates are selected or nominated in order of preference, by selecting or nominating him lower in order than any other who is selected or nominated.
20.(1) It shall be unlawful for an employment agency to discriminate against a person, in relation to employment in Northern Ireland,- Discrimination by employment agencies.
(a)in the terms on which the agency offers to provide any of its services, or
(b)by refusing or deliberately omitting to provide any of its services, or
(c) in the way it provides any of its services.
(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(3) This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person concerned.
(4) An employment agency shall not be subject to any liability under this section if it proves-
(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful, and
(b)that it was reasonable for it to rely on the statement.
(5) A person who knowingly or recklessly makes a statement such as is referred to in subsection (4)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £400.
21. It shall be unlawful for a vocational organisation to discriminate against a person who is employed or is seeking employment in Northern Ireland, or who is engaged or is seeking to become engaged in an occupation in Northern Ireland,- Discrimination by vocational organisations.
(a) where that person is not a member of the organisation-
(i) by refusing or deliberately omitting to accept his application for membership, or
(ii) in the terms on which it is prepared to admit him to membership; or
(b) where that person is a member of the organisation-
(i) in the way it affords him access to 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.
22.(1) It shall be unlawful for a person who provides services in connection with the training of persons for employment in any capacity, or for a particular employment or occupation, in Northern Ireland to discriminate against another person- Discrimination by persons providing training services.
(a) where that other person is seeking to obtain those services or they are sought to be obtained on his behalf-
(i) by refusing or deliberately omitting to provide those services, or
(ii) in the terms on which the person offers to provide those services ; or
(b) where that other person is receiving those services-
(i) in the way the person provides those services, or
(ii) in the way he affords him access to benefits connected with the services or by refusing or deliberately omitting to afford him access to them, or
(iii) by withdrawing those services from him or varying the terms on which they are provided, or
(iv) by subjecting him to any other detriment.
(2) In subsection (1) "services ", in relation to training for employment, means services provided otherwise than by the employer of the person who is seeking to obtain or is receiving the services.
23.It shall be unlawful for a person who has power to confer on another a qualification which is needed for, or facilitates, his engagement in employment in any capacity, or in a particular employment or occupation, in Northern Ireland to discriminate against him- Discrimination by persons with power to confer qualifications.
(a) by refusing or deliberately omitting to confer that qualification on him on his application, or
(b) in the terms on which the person is prepared to confer it, or
(c) by withdrawing it from him or varying the terms on which he holds it.
Complaints of unlawful discrimination
24.(1) Subject to the provisions of this section, where a person makes a complaint in writing to the Agency alleging that unlawful discrimination has been committed against him by another person ("the respondent"), the Agency shall investigate the complaint (unless it considers that the complaint is frivolous). Investigation of complaint of unlawful discrimination.
(2) Where a person against whom unlawful discrimination is alleged to have been committed has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; and where a person who has made or continued a complaint dies or becomes unable to act, the complaint may be continued by the personal representative, or a member of the family, of the person against whom the discrimination is alleged to have been committed, or by such other individual as aforesaid.
(3) A complaint must be made before the expiration of-
(a)two months from the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of; or
(b)six months from the day on which the act was done, whichever first occurs; but the Agency may, if it thinks fit, investigate a complaint made after the expiration of that period, if of the opinion that there are special circumstances which make it proper to do so.
(4) For the purposes of this section-
(a)where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract, and
(b) any act extending over a period shall be treated as done at the end of that period, and
(c) a deliberate omission shall be treated as done when the person in question does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it were to be done.
(5) The Agency shall not consider a complaint relating to an act which is unlawful by virtue of section 23, if the act is one in respect of which an appeal, or proceedings in the nature of an appeal, may be brought to a court under any enactment.
(6) Without prejudice to subsection (5), where the Agency is satisfied that the subject-matter of a complaint has been or is being considered by some other statutory body or by a person holding a statutory office, the Agency shall not be obliged to investigate the complaint; but it may do so, after consultation with that other body or person, if it thinks fit.
(7) Schedule 5 shall have effect with respect to the conduct of investigations under this section.
(8) Where the Agency is of the opinion that, by virtue of any provision of Part V, it is precluded from investigating, or continuing the investigation, of a complaint, the Agency shall serve on the complainant and the respondent a notice stating the opinion.
25.(1) On completing its investigation of a complaint the Agency shall- Finding following investigation;
(a) form an opinion (its "finding") whether or not unlawful discrimination has been committed by the respondent against the complainant; and attempts at conciliation.
(b) use its best endeavours-
(i) to secure a settlement of any difference between the complainant and the respondent which was disclosed by the complaint, and
(ii) where the finding is that unlawful discrimination has been committed, to secure, if it is appropriate to do so, a satisfactory written undertaking by the respondent to comply with the terms of the settlement.
(2) As soon as reasonably practicable after arriving at its finding, the Agency shall serve on the complainant and the respondent a notice stating the finding and the reasons for it; and, if the finding is that unlawful discrimination has been committed, as soon as reasonably practicable thereafter the Agency shall serve on the complainant a notice stating whether or not the Agency has secured a settlement, or a settlement and undertaking, as mentioned in subsection (1)(b), and if so on what terms. Further attempts at conciliation: recommendations.
(3) A notice under subsection (2) stating the Agency's finding shall inform the complainant and the respondent of the right of appeal against the finding which is conferred by section 28.
(4) A finding that unlawful discrimination has been committed by the respondent against the complainant-
(a) shall not be questioned in any legal proceedings under this Act, except by appeal under section 28; and
(b) in any such proceedings, except on such an appeal, shall be evidence that the unlawful discrimination was committed.
26.(1) If the Agency's finding is that unlawful discrimination has been committed by the respondent against the complainant, and if a settlement and, where appropriate, a satisfactory undertaking have not been secured, then, unless the Agency decides that no further action by it is appropriate, it shall serve on the complainant and the respondent a notice containing recommendations as to the action to be taken by the respondent to dispose of the difference disclosed by the complaint.
(2) The recommendations may be contained in a notice served under section 25(2) or in a subsequent notice.
(3) Where such an undertaking has already been secured but has not been complied with, the Agency, unless it decides that no further action by it is appropriate, shall either-
(a) serve on the complainant and the respondent a notice such as is mentioned in subsection (1); or
(b) proceed to institute an action under section 30 by way of a claim in tort in respect of the unlawful discrimination.
(4) Without prejudice to the Agency's power to make any relevant recommendation, the recommendations may include a recommendation for the submission for consideration for p employment, or for the employment, re-employment, admission to membership or reinstatement, of, or for the provision of any service for, the affording of access to any benefit to, the removal of any detriment from, or the conferment of any qualification on, the person against whom the unlawful discrimination was committed, and may also include a recommendation for the payment by the respondent of compensation such as is mentioned in section 31(1) (including compensation payable only in the event of some other recommendation not being complied with).
(5) The Agency, on the respondent's written application, may-
(a)revoke all of the recommendations ; or
(b)modify the recommendations in accordance with the application-
(i) by revoking any of them, or
(ii) by substituting new recommendations for all or any of them;
and, in substitution for any recommendations which are revoked under paragraph (a), may accept from the respondent a satisfactory written undertaking to comply with the terms of any settlement which may have been reached in order to dispose of the difference disclosed by the complaint.
(6) The Agency shall serve on the complainant and the respondent notice of any revocation or modification of the recommendations under subsection (5). and shall serve on the complainant notice of the terms of any undertaking accepted under that subsection.
(7) Any reference in the succeeding provisions of this Act to recommendations made by the Agency-
(a) does not include recommendations revoked under subsection (5)(a) ; and
(b) where the recommendations have been modified under subsection (5)(b), is to them as so modified.
(8) Where-
(a) a settlement such as is mentioned in section 25 or this section, or
(b) a recommendation under subsection (1) or (5),
provides for the payment of any sum by the respondent to the complainant, then, if the Agency has made any payment to the complainant in respect of expenses or allowances as mentioned in Schedule 5, paragraph 11, a sum equal to the amount of that payment shall be a first charge for the benefit of the Agency on the sum so provided for, unless the Agency in any particular case waives that charge.
27.Where, following its investigation of a complaint, the Agency (whether or not its finding is that unlawful discrimination has been committed by the respondent against the complainant) is of the opinion that the respondent has failed to afford equality of opportunity in relation to persons of an' class, the Agency shall use its best endeavours to ensure that action such as is mentioned in section 13(1) is taken and that where appropriate, an undertaking is given as there mentioned and, without prejudice to the operation of any provision of this Part in consequence of the Agency's finding, the provisions of this Act shall have effect as if the Agency had formed that opinion following an investigation under section 12. Remedying of practices excluding equality of opportunity which are disclosed on investigation of complaint
Appeal against finding following complaint of
unlawful discrimination
28.(1) This section has effect where, following a complaint of unlawful discrimination, the Agency serves a notice under section 25(2) on the complainant and the respondent stating the Agency's finding. Appeal to county court against Agency's finding on complaint of unlawful discrimination.
(2) If the finding is that unlawful discrimination has been committed, the respondent may appeal against the finding.
(3) If the finding is that such discrimination has not been committed, the complainant may appeal against the finding.
(4) An appeal under this section shall lie to the county court and notice of the appeal must be given within 21 days from the date of service of the notice stating the finding.
(5) In an appeal under subsection (2) the parties shall be the respondent and the Agency, and in an appeal under subsection (3) the parties shall be the complainant and the respondent.
29.(1) On an appeal under section 28- Supplementary provisions as to appeal under s. 28.
(a) if the court agrees with the Agency's finding, it shall dismiss the appeal; or
(b) if the court disagrees with the Agency's finding, then,-
(i) if the court decides that unlawful discrimination has been committed by the respondent against the complainant it shall remit the case to the Agency and thereupon section 25(1)(b) and, if appropriate, section 26 shall have effect as if that were the Agency's finding; or
(ii) if the court decides that such discrimination has not been committed, the court shall quash the complaint.
(2) Where the court disagrees with the Agency's finding it shall state the reasons for its decision.
(3) Where the court on an appeal under section 28 disagrees with the Agency's finding and decides that unlawful discrimination has been committed by the respondent against the complainant, the court's decree shall be evidence that the unlawful discrimination was committed, if it would not be such evidence apart from this provision, and shall not be questioned, in any legal proceedings under this Act.
Legal proceedings to secure compensation for, or the
remedying of, unlawful discrimination
30.(1) Where, within such period as the Agency considers reasonable,-
(a) an undertaking to comply with the terms of a settlement such as is mentioned in section 25(1)(b), or an undertaking accepted by the Agency under section 26(5) in substitution for revoked recommendations, has not been complied with; or Action in county court following breakdown of attempts at conciliation.
(b) recommendations made by the Agency have not been complied with,
the Agency, on behalf of the injured person (that is to say, the person against whom the unlawful discrimination was committed or, where that person is dead, his personal representative) may institute an action in the county court against the respondent by way of a claim in tort in respect of the unlawful discrimination.
(2) Such an action shall not be instituted in consequence of failure to comply with recommendations-
(a) until the expiration of the period allowed by section 28 for an appeal against the finding which led to the recommendations ; or
(b)if notice of such an appeal is given within that period, unless the appeal is abandoned or dismissed;
but this subsection does not apply to anything done after a case has been remitted by the court to the Agency under section 29(1)(b)(i).
(3) Subsection (4) of section 24 (time when certain acts are to be treated as done) shall have effect for determining, for the purposes of the Statute of Limitations (Northern Ireland) 1958, when a cause or right of action under subsection (1) of this section accrued. 1958c.10
(NI.).
(4) In an action under this section the court shall have power by its decree-
(a)to award damages ; or
(b)to grant an injunction ; or
(c)to award damages and grant an injunction,
in accordance with the provisions of section 31, or sections 31 and 46; and the damages may be awarded to the Agency as if it were the injured person, and it shall be for the Agency to take steps to recover the damages and, subject to section 31(6), to account to the injured person for any damages recovered.
(5) The court shall state the reasons for its decree.
31.(1) In an action under section 30, the amount of any damages awarded shall be such as the court considers just in all the circumstances to compensate the injured person for any loss or injury he has suffered in consequence of the act of unlawful discrimination in question, including (without prejudice to the generality of the foregoing provision of this subsection)- Powers of court as to damages and injunctions.
(a) compensation for expenses reasonably incurred by the injured person in connection with the subject-matter of the complaint which led to the action (which for the purposes of this section shall be taken to include compensation for loss of his time); and
(b) compensation for loss of opportunity, that is to say for loss of any employment, occupation or benefit which the injured person might reasonably be expected to have had but for the unlawful discrimination;
but-
(i) any award of damages for loss of opportunity shall be subject to the application of the same rule concerning the duty of a person to mitigate his loss as applies in relation to damages recoverable at common law; and
(ii) compensation shall not be awarded for the same loss both by way of damages under this Act and by way of damages under any other enactment or at common law.
(2) Where the undertaking or any of the recommendations mentioned in section 30(1) includes provision for the injured person to be given a benefit of any kind by the respondent, and that provision has not been complied with,-
(a) if the court finds that the reason why the provision was not complied with was that the injured person refused an offer of benefit on the terms stated in that provision, and the court considers that he acted unreasonably in doing so, the court may reduce the assessment of his loss; or
(b) if the court finds that the reason why the provision was not complied with was that the respondent refused or failed to make such an offer, and the court considers that he acted unreasonably in doing so, the court may increase that assessment,
to such extent (in either case) as in all the circumstances the court considers just and equitable.
(3) Where it appears to the court in an action under section 30 that justice can be done to the injured person only by directing the defendant in the action to do, or refrain from doing, any particular act or acts, the court, if satisfied that in all the circumstances it is reasonable to do so, may make an order (to which section 46 shall apply) containing such a direction.
(4) The powers conferred on the county court by subsections (1) and (2) may be exercised by that court notwithstanding anything to the contrary in any enactment which imposes limitations on the jurisdiction of a county court by reference to an amount claimed.
(5) Where the injured person is the personal representative of the person ("the victim") against whom the unlawful discrimination was committed, the reference in subsection (1) to any loss or injury the injured person has suffered shall be construed-
(a) in relation to any item of damages which compensates for the expenses mentioned in subsection (1)(a), as including a reference to the victim, and
(b)in relation to any item of damages which compensates for the loss mentioned in subsection (1)(b), as a reference to the victim.
(6) An award of damages for expenses incurred as mentioned in paragraph (a) of subsection (1) (including that paragraph as modified by subsection (5)) may include compensation for expenses so incurred which have been defrayed by sums paid by the Agency under Schedule 5, paragraph 11; and so much of the damages as compensates for expenses so defrayed shall be identified by the court's decree as a separate item of damages and shall be retained by the Agency and applied for its benefit.
(7) Section 26(8) shall apply to sums payable under a compromise or settlement arrived at to avoid or bring an end to an action under section 30 as it applies to a settlement such as is mentioned in section 25 or 26.
32.(1) Where a term is included in or omitted from a contract in contravention of any provision of this Part or in consequence of such a contravention, then, notwithstanding that the making of the contract is an unlawful act, neither the contract nor any part of it is unenforceable by reason only of the contravention; but in an action under section 30- Power of court to revise contracts.
(a)the Agency on behalf of the injured person ; or
(b) the defendant,
may apply to the court to revise the contract or any of its terms.
(2) On such an application the court may make such order as it considers just in all the circumstances revising the contract or any of its terms so as to secure that, as from the date of the order, the contract in no way contravenes, or has any effect in consequence of a contravention of, any provision of this Part.
(3) Where the court makes an order under this section, every party to the contract, whether or not a party in the action, shall be bound by the order; but the court shall not make such an order which affects a party to the contract who is not a party in the action without giving him an opportunity of being heard.


SCHEDULES
SCHEDULE 1
THE FAIR EMPLOYMENT AGENCY FOR NORTHERN IRELAND
Incorporation and status
1. On the appointment of the first members of the Agency, the Agency shall come into existence as a body corporate.
2.(1) The Agency is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.
(2) Accordingly-
(a) neither the Agency nor any of its members or members of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;
(b) the members of the Agency and members of its staff as such are not civil servants; and
(c)the Agency's property is not property of, or held on behalf of, the Crown.
Tenure of office of members
3.(1) A person shall hold and vacate his office as chairman or other member of the Agency in accordance with the terms of his appointment:
Provided that no such appointment shall be for a period exceeding five years in the case of the chairman and three years in the case of another member.
(2) A person may at any time resign office as chairman or other member of the Agency by notice to the Department.
(3) Past service as chairman or other member of the Agency is no bar to re-appointment.
Remuneration of members
4. The Department may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairman and other members of the Agency, or any of them, as, with the approval of the Department of Finance, it may determine.
Staff
5.(1) The Agency may with the approval of the Department and the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment-
(a) employ such officers and servants as the Agency considers necessary;
(b) employ the services of such other persons as the Agency considers expedient for any particular purpose.
(2) The Agency may, in the case of such persons employed by it as may be determined by the Agency with the approval of the Department and the Department of Finance, pay to or in respect of them such allowances (including allowances for expenses), pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), or contributory or other pension arrangements, as may be so determined.
Proceedings
6.(1) Without prejudice to any provision of Schedule 5, the Agency may regulate its own procedure and business including the formalities for affixing its common seal to any document and, subject to sub-paragraph (2), its quorum.
(2) The quorum for meetings of the Agency shall, in the first instance, be determined by a meeting of the Agency attended by not less than five members.
7.The validity of any proceedings of the Agency shall not be affected by any vacancy in the office of chairman or other member of the Agency or by any defect in the appointment of the chairman or any other member.
Instruments
8. A document purporting to be duly executed under the common seal of the Agency shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
9. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Agency by any person generally or specially authorised by the Agency to act for that purpose, and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved.
Discharge of functions
10.(1) The Agency may authorise the discharge, under the general direction of the Agency, of its functions in relation to-
(a) any complaint or other matter falling to be dealt with by it; or
(b) any class of such matters,
by either a member or a group of members of the Agency selected by the chairman.
(2) Anything done by or in relation to a member or group of members in or in connection with the discharge of functions he or they are authorised to discharge under sub-paragraph (1) shall have the same effect as if done by or in relation to the Agency.
(3) A group of members authorised to discharge any functions under sub-paragraph (1) may regulate their own procedure and business, including their quorum.
(4) The validity of any proceedings of a member or group of members so authorised shall not be affected by any defect in his appointment or any of their appointments; and the validity of the proceedings of any such group shall not be affected by any vacancy in their number.
(5) The chairman may select himself as the member, or as one of the group of members, mentioned in this paragraph.
11.The Agency may appoint as assessors, to assist-
(a) the Agency; or
(b) any member or group of members authorised to discharge functions under paragraph 10,
in the investigation of any complaint or other matter, persons appearing to the Agency to have special knowledge and experience of the matters to which the investigation relates and of any other circumstances appearing to the Agency to be relevant.
Expenses and accounts
12. All expenditure incurred by or on behalf of the Agency-
(a) within the terms of any general authorisation in writing given by the Department and the Department of Finance; or
(b) with the approval of those Departments; may be defrayed as expenses of the Department.
13.(1) The Agency shall keep proper accounts in such form as may be approved by the Department, and proper records in relation to the accounts, and shall prepare in respect of the period ending on 31st March 1977 and in respect of each subsequent financial year a statement of accounts in such form as the Department, with the approval of the Department of Finance may direct.
(2) The accounts of the Agency shall be audited by auditors appointed by the Agency with the approval of the Department and shall be vouched to the satisfaction of the auditors.
(3) The Agency shall, at such time in each year as the Department may direct, transmit to the Department and the Comptroller and Auditor-General copies, certified by the auditors, of the annual statement of accounts.
(4) The Comptroller and Auditor-General-
(a) shall examine a copy of each annual statement of accounts of the Agency;
(b) may, in connection with such examination, examine any accounts kept by the Agency and any records relating to the accounts; and
(c) shall make a report on the copy of each annual statement of accounts and send the report to the Department.
(5) Subject to sub-paragraph (6), a copy of every annual statement of accounts of the Agency and a copy of the Comptroller and Auditor-General's report thereon shall be laid by the head of the Department before the Northern Ireland Assembly.
(6) During the interim period the copies mentioned in subparagraph (5) shall, instead, be sent by the Department to the Secretary of State and laid by him before Parliament.
(7) In this paragraph "the Comptroller and Auditor-General" means the Comptroller and Auditor-General for Northern Ireland.
Annual report
14.(1) The Agency shall prepare in respect of the period ending on 31st March 1977 and in respect of each subsequent financial year a report on the Agency's activities during that period or year ("the annual report ").
(2) The annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Agency's functions.
(3) Subject to sub-paragraph (4), the annual report shall be made to the head of the Department and shall be laid by him before the Northern Ireland Assembly.
(4) During the interim period the annual report shall, instead, be made to the Secretary of State and laid by him before Parliament.
(5) The Department, or where sub-paragraph (4) applies the Secretary of State, shall cause the annual report to be published.


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