The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 No. 246 (NI. 2)

Removal of restrictions and other requirements relating to employment N.I.

[F1 Protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets. N.I.

13A.— (1) Where—

(a) any person applies to a Sikh any[F2 provision, criterion or practice] relating to the wearing by him of a safety helmet while he is [F3 at a workplace] ; and

(b) at the time when he so applies the[F2 provision, criterion or practice] that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when [F4 at such a workplace] ,

then, for the purpose of determining whether the application of the[F2 provision, criterion or practice] to the Sikh constitutes an act of discrimination falling within Article 3(1)(b)[F2 or Article 3(1A)] of the Race Relations (Northern Ireland) Order 1997 (indirect racial discrimination), the[F2 provision, criterion or practice] shall be taken to be one which cannot be shown to be justifiable as mentioned in Article 3(1)(b)(ii)[F2 , or to be a proportionate means of achieving a legitimate aim as mentioned in Article 3(1A)(c) of,] of that Order.

(2) Any special treatment afforded to a Sikh in consequence of Article 13(1) or (2) shall not be regarded for the purposes of the Race Relations (Northern Ireland) Order 1997 as giving rise, in relation to any other person, to any discrimination falling within Article 3 of that Order.

(3) [F5 Paragraphs (6A) to (8)] of Article 13 shall apply for the purposes of this Article as they apply for the purposes of that Article.]

F1 1997 NI 6

F2 SR 2003/341

F3 Words in art. 13A(1)(a) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 7(10)(a), 115(7); S.I. 2015/994, art. 11(c) (with art. 12(2))

F4 Words in art. 13A(1)(b) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 7(10)(b), 115(7); S.I. 2015/994, art. 11(c) (with art. 12(2))

F5 Words in art. 13A(3) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 7(11), 115(7); S.I. 2015/994, art. 11(c) (with art. 12(2))