Legislation

The Order defines discrimination as the less favourable treatment on the grounds of the sex of a man or a woman, or of his or her marital status or because a person intends to undergo, is undergoing or has undergone gender reassignment. Indirect discrimination occurs when a condition or requirement that is applied to all has the effect that a considerably smaller proportion of women (or men) can comply with it, and non-compliance causes detriment to an individual who cannot comply. Such a condition or requirement would not be unlawful if it could be justified on grounds not related to sex. Discrimination also includes the victimisation of a person who has brought, or given evidence in proceedings under the Order, or the Equal Pay Act (Northern Ireland) 1970 (amended 1984) or provisions of the Pensions (NI) Order 1995.

• those with statutory power to select employees for others
  
  
• partnerships
  
  
• organisations of workers or employers, including trade unions ·
  
  
• bodies which have power to confer qualifications
  
  
• vocational training providers
  
  
• employment agencies

The Order provides that sex discrimination by an employer in recruitment, promotion, transfer and training is not unlawful where a person's sex is a genuine occupational qualification for the job. The Order also recognises the following special cases:-

• the Police, for example in the provision of uniforms and equipment
  
  
• Ministers of religion, where for example employment is limited to one sex so as to comply with the doctrines of the religion.

The Order does not specifically outlaw discrimination on the grounds of pregnancy. This issue has been approached differently by the Courts. Recent court decisions make it clear that some pregnancy related dismissals will amount to unlawful sex discrimination; but it cannot be asserted that that will always be the outcome.
 

Discrimination in other areas

The Order makes it unlawful for bodies in charge of educational establishments to discriminate on the grounds of sex in relation to admission or access to facilities. The Order places a general duty on those bodies in the public sector of education to ensure that facilities etc. are provided without sex discrimination. The Order makes an exception for single sex establishments and for any further education course in physical training.

The Order also outlaws discrimination on the grounds of sex in the provision of goods, facilities and services, and in the disposal and management of premises but provides for a number of exceptions including:-

• the provision of accommodation in, and disposal of, small premises
  
  
• the provision of goods etc. and the disposal or management of premises by voluntary bodies

Other unlawful acts

The Order also makes it unlawful to apply discriminatory practices, publish discriminatory advertisements, instruct or put pressure on a person to do anything contrary to the Order by discriminating in employment or other fields, or to knowingly aid another person to carry out such acts. Employers are also liable for acts of discrimination committed by their employees in the course of their employment whether or not the acts were done with the employer's knowledge or approval, unless the employer can show that they took such steps as were reasonably practicable to prevent the discrimination occurring.

The Order excepts from discrimination:-

• benefits conferred by charities on members of a specific sex
  
  
• to allow a person to compete in a sport or game confined to competitors of one sex
  
  
• in relation to the treatment of a person with regard to an annuity, life assurance policy, accident insurance policy etc.
  
  
• in access to women only or men only facilities for training for work, in the specific circumstances described in the Order
  
  
• to allow a minimum membership of one sex in elective bodies such as trade unions.
  
  
• in the affording or facilitation of access to benefits, facilities or services in certain circumstances
  
  
• for acts done to protect women in compliance with the requirement of an existing statutory provision, for example in relation to pregnancy or maternity
  
  
• for acts done to safeguard national security, or to protect public safety or public order.

Enforcement

Complaints of discrimination in employment under the Sex Discrimination Order must be made within 3 months of the act complained of, and are dealt with by an industrial tribunal. Where a tribunal decides in favour of the complainant, it may award such of the following remedies as it considers just and equitable:-

• An order declaring the rights of the parties
  
  
• An order requiring the respondent to pay compensation to the complainant
  
  
• A recommendation that the respondent takes remedial action to obviate or reduce discrimination.

There is a right of appeal, on a point of law, to the Court of Appeal against a decision of an industrial tribunal.

Claims of unlawful discrimination in education and in the provision of goods, facilities and services are dealt with in the County Court. Where a County Court finds in favour of the compliant, it may award any of the following remedies:

• An order declaring the rights of the parties
  
  
• An injunction or order
  
  
• Damages

There is a right of appeal to the Court of Appeal against a decision of a County Court. If leave is granted, a further appeal can be made to the House of Lords.

Equal Pay legislation, provides for equal pay between men and women by giving a woman the right to equality in the terms of her contract of employment where she is employed on:

• Like work to that of a man
  
  
• Work rated as equivalent to that of a man, or
  
  
• Work of equal value to that of a man.

The Act applies equally to men and women of all ages and its purpose is to eliminate discrimination between men and women in pay and other terms of their contracts of employment such as piecework, output and bonus payments, holidays, free accommodation and sick leave. In practice any term which is in the man's contract but missing from the woman's is to be treated as if it is in her contract. In addition any term in the woman's contract which is less favourable to her than the same term in the man's contract is to him, is improved so that they are equal.

The Equal Pay Act applies to:

• All employees (including apprentices and those working from home) whether on full-time, part-time, casual or temporary contracts, regardless of length of service
  
  
• Other workers (e.g. self-employed) whose contracts require personal performance of the work 
  
  
• Employment carried out wholly or mainly in Northern Ireland
  
  
• Employment carried out on ships registered in Northern Ireland or on aircraft registered in the United Kingdom operated by someone based in Northern Ireland unless the employee works wholly outside Northern Ireland.

Northern Ireland Act 1998 - Section 75 and Schedule 9.

Section 75 and Schedule 9 to the Northern Ireland Act 1998, came into force on 1 January 2000. Responsibility for these provisions lies with the Secretary of State. The provisions place a statutory obligation on public authorities (Northern Ireland departments, most non-departmental public bodies, District Councils and other bodies including UK departments designated by the Secretary of State) to carry out their functions relating to Northern Ireland with due regard to the need to promote equality of opportunity

• between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation,
  
  
• between men and women generally;
  
  
• between persons with a disability and persons without, and
  
  
• between persons with dependants and persons without.

In addition, without prejudice to this obligation, public authorities must have regard to the desirability of promoting good relations between persons of different religious belief, political opinion, or racial group

(Source: Equality Commission for Northern Ireland)

Human Rights Act 1998

In legal terms, the Human Rights Act incorporates the rights and freedoms of the European Convention on Human Rights (ECHR) into UK law, confirms the abolition of the death penalty and enables individuals to bring cases to court in Northern Ireland, who will enforce these rights if necessary. It empowers UK courts to award damages and provide other remedies to those whose rights have been violated.

It also embraces limitations on rights which the ECHR included to cover unusual circumstances such as war or a public emergency, known legally as 'derogating' from the overall standard of protection, this applied in Northern Ireland where the exceptional level of violence led to limits on legal rights, such as allowing police to detain a terrorist suspect for up to five days without charge instead of the usual 48 hours.

Human Rights Articles:

Article 1 is introductory

Article 2
Everyone's right to life shall be protected by law.

Article 3
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4
No one shall be held in slavery or servitude or be required to perform forced or compulsory labour.

Article 5
Everyone has the right to liberty and security of person.

Article 6
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

Article 7
No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. No shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

Article 8
Everyone has the right to respect for their private and family life, home and correspondence.

Article 9
Everyone has the right to freedom of thought, conscience and religion.

Article 10
Everyone has the right to freedom of expression.

Article 11
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of their interests.

Article 12
Men and women of marriageable age have the right to marry and found a family.

Article 14
The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political, or other opinion, national or social origin, association with a national minority, property, birth or other status.

Article 16
Restrictions on political activity of aliens.

Article 17
Prohibition of abuse of rights.

Article 18
Limitations on use of restrictions of rights.

Article 1 of Protocol 1
(a later addition to the convention)
Everybody is entitled to the peaceful enjoyment of his or her possessions.

Article 2 of Protocol 1
No person shall be denied the right to education.

Article 3 of Protocol 1
There shall be free elections at reasonable intervals by secret ballot, under conditions which ensure the free expression of the opinion of the people in the choice of legislature.

Article1 of Protocol 6
Abolition of the death penalty.

Article 2 of Protocol 6
Death penalty in time of war.