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Discrimination
Employers have a legal duty to ensure that they do not treat an individual less favourably on any grounds related to their age, gender, marital status, disability, race/nationality, sexual orientation, religious belief or political opinion.
Discrimination when hiring
Fair treatment is not just a moral and legal obligation but makes good business sense. Employers who treat employees fairly will be best placed to recruit and retain staff in an increasingly diverse and competitive labour market.
Right to work in Northern Ireland
It is important that an employer checks that a job applicant is allowed to work in the UK before they can employ them. An employer could face a civil penalty if they employ an illegal worker and have not carried out a correct right to work check.
Employers must check the applicant's identity and nationality and make sure that they have the relevant immigration permission or visa in place.
311 Sex Discrimination (Gender Reassignment) Regulations (Northern Ireland) 1999
These Regulations extend the existing Sex Discrimination legislation to cover discrimination on the grounds of gender reassignment.
418 Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996
The Regulations relate to the remedies that can be granted for cases of sex discrimination and specifically to remedies for indirect discrimination even where the respondent did not intend to treat the claimant unfavourably on sex or marital status grounds.
440 The Disability Discrimination (Description of Insurance Services) Regulations (Northern Ireland) 1999
These Regulations make disability discrimination by an insurer against an employee unlawful as according to S.18 of the Disability Discrimination Act (1995).
280 (13) The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996
This Order stipulates 11th July 1996 as the day in which further components of the 1995 Act come into operation of a Code of Practice relating to help for persons suffering discrimination, and on 2nd December 1996 provides for: discrimination against applicants and employees, meaning of discrimination, duty of employer to make adjustments, small business exemption, enforcement, remedies, discriminatory adverts, discrimination against contract workers, discrimination by trade organisations (as defined), alterations to premises under lease, discrimination in relation to goods, facilities and services, small dwelling exemptions, victimisation, aiding unlawful acts, liability of employers and so on.
No 159 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008
These Regulations make a variety of amendments to our anti-discrimination legislation as it pertains to gender and pregnancy only. As a result there is no longer a requirement for a comparator who is not pregnant when a woman is pursuing a case of discrimination on the grounds of pregnancy or maternity leave.
The rights and responsibilities involved when it comes to Redundancy (HTML)
For redundancy to be fair there must be a genuine need for redundancy and the employer must follow a fair process in carrying it out. Where there are many employees involved, trade unions and employees should be consulted properly.
Before beginning any redundancy (and during the consultation process), an employer should think about whether it can avoid making redundancies or reduce the number of redundancies. Employers also need to carefully think about how the employees will be chosen for redundancy. If they don’t, they may face claims of unfair dismissal.
The way that staff are chosen should be fair and follow an agreed selection process if the organisation has one. If there isn’t an agreed process in place, the employer must make sure there is no discrimination, that staff are chosen fairly, and in a way that can be checked.
No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).