Equality Laws Relevant to Employers

Equal Pay Act (Northern Ireland) 1970 Explain

This is a sex equality statute. It requires employers to pay their men and women employees equal pay for equal work. Accordingly, an employee has a right to equal pay with any employee of the opposite sex who is doing

work that is the same or broadly similar (i.e. “like work”), or
work which is different, but which is of equal value in terms of the demands of the jobs (i.e. “work of equal value”), or
work which has been rated as equivalent under a job evaluation scheme (i.e. “work rated as equivalent”).

The statute’s reference to “equal pay” is not restricted to ensuring equality in relation to salaries and wages only, but rather it applies to all contractual terms and conditions of employment.

Complaints under the Act are determined by the industrial tribunal.

Sex Discrimination (Northern Ireland) Order 1976 Explain

This sex equality statute applies to all aspects of the employment relationship, except for pay and contractual terms and conditions of employment (because, as noted above, the latter are regulated by the Equal Pay Act instead).

The Order prohibits employers from discriminating against or harassing job applicants and employees on the following grounds

sex
pregnancy or maternity leave
being married, or being in a civil partnership
gender reassignment.

Complaints under the Order are determined by the industrial tribunal.

Fair Employment and Treatment (Northern Ireland) Order 1998 Explain

The Order prohibits employers from discriminating against or harassing job applicants and employees on the following grounds

religious, or similar philosophical, belief
political opinion

Complaints under the Order are determined by the Fair Employment Tribunal.

In addition to prohibiting discrimination, the Order imposes a number of extra duties on certain employers: specifically, (a) those who employ more than 10 “full-time” employees (i.e. those who work more than 16 hours per week); and, (b) specified public authorities.

These additional duties are as follows

duty to register with the Equality Commission (“ECNI”)
duty to monitor the community background and sex of the workforce
duty to submit annual monitoring returns to ECNI
duty to conduct triennial reviews of the composition of the workforce and of employment practices (i.e. “Article 55 Reviews”)
duty to take affirmative action, where it is reasonable and appropriate to do so.

Disability Discrimination Act 1995 Explain

The Act prohibits disability discrimination and harassment by employers against job applicants and employees who are disabled. The prohibition of discrimination applies to all employers regardless of size (i.e. there is no longer an exemption for “small employers”).

The most significant provision of the Act is the Reasonable Adjustment Duty. The RA duty is imposed on employers when a disabled job applicant or employee is placed at a substantial disadvantage by an employer’s provisions, criteria or practices or by the physical features of the employer’s premises.

When the RA duty is imposed, the employer is required to make reasonable adjustments to the provision, criterion, practice or physical feature that is causing the problem. This may mean changing it in some way, or abandoning it, in order to prevent the disadvantage from occurring. A failure to comply with the RA duty constitutes an act of disability discrimination.

Complaints under the Act are determined by the industrial tribunal.

Race Relations (Northern Ireland) Order 1997 Explain

The Order prohibits employers from discriminating against or harassing job applicants and employees on the following grounds

race
colour
nationality
ethnic or national origins

Complaints under the Order are determined by the industrial tribunal.

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 Explain

The Regulation prohibits employers from discriminating against or harassing job applicants and employees on the grounds of sexual orientation.

”Sexual orientation” includes any sexual orientation (i.e. straight, gay, lesbian or bisexual)

Complaints under the Regulations are determined by the industrial tribunal.

Employment Equality (Age) Regulations (Northern Ireland) 2006 Explain

The Regulations prohibit employers from discriminating against or harassing job applicants and employees on the grounds of age.

Complaints under the Regulations are determined by the industrial tribunal.