The “Discrimination Act” in Northern Ireland
It is a common belief that there is a single Discrimination Act in Northern Ireland (NI). However, unlike the Equality Act 2010 in Great Britain (GB), there is no single piece of anti-discrimination legislation in NI.
There are a few important differences between equality law in GB and NI – these differences mean that people in NI have less protection against discrimination and harassment than people in other parts of the UK.
NI laws that cover discrimination
NI has multiple laws and subsequent amendments that cover various types of discrimination, including:
- Age discrimination is covered by the Employment Equality (Age) Regulations (NI) 2006
- Disability discrimination is covered by the Disability Discrimination Act 1995
- Gender discrimination is covered by the Equal Pay Act (NI) 1970 and Sex Discrimination (NI) Order 1976
- Race discrimination is covered by the Race Relations (NI) Order 1997
- Religious and political discrimination is covered by the Fair Employment & Treatment (NI) Order 1998
- Sexual orientation discrimination is covered by the Employment Equality (Sexual Orientation) Regulations (NI) 2003 and Equality Act (Sexual Orientation) Regulations (NI) 2006
There are also EU anti-discrimination laws, tribunal-related legislation and general legislation that are unique to NI.
One law that applies in NI and not GB is protection against political discrimination which is covered by The Fair Employment and Treatment Order (Northern Ireland) 1998. This makes discrimination unlawful when it’s on the grounds of religious and/or political beliefs.
Some of the key differences
All those separate laws mean there are inconsistencies with GB law, and that some differences have ‘fallen through the gaps’. For example:
- The NI law that applies to people with disabilities is weaker. When you apply for a job in GB, employers are prohibited from asking you questions related to disability except in certain limited circumstances. Also, GB law prohibits both ‘indirect disability discrimination’ and ‘discrimination arising from disability’.
- In NI, unlike in GB, there is no protection against ‘pay secrecy clauses’ designed to prevent or restrict employees from discussing or disclosing their pay. This leaves a gap in protection under the sex equality/equal pay legislation.
What this means to you
We are employment lawyers based in Northern Ireland (with offices in England too). We act for employees who suffer discrimination at work, whether you’re in NI, England, Scotland or Wales.
If you’ve been discriminated against, let us know, and we’ll advise whether you can make a claim and your chances of winning.
Related reading: The ‘discrimination Act’ in Northern Ireland
- Is there a discrimination act?
- Is there a discrimination act in the UK?
- Expert tips on choosing your Northern Ireland employment lawyer
Need help?
For a FREE assessment of your case, call 0808 168 7288 or complete a Free Online Enquiry.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.