F1SR 2003/341
Modifications etc. (not altering text)
C1Pt. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(c); S.I. 2013/1682, art. 3(k)
F2SR 2003/341
6.—(1) It is unlawful for a person, in relation to employment by him at an establishment in Northern Ireland, to discriminate against another—
(a)in the arrangements he makes for the purpose of determining who should be offered that employment; or
(b)in the terms on which he offers him that employment; or
(c)by refusing or deliberately omitting to offer him that employment.
(2) It is unlawful for a person, in the case of a person employed by him at an establishment in Northern Ireland, to discriminate against that employee—
(a)in the terms of employment which he affords him; or
(b)in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(c)by dismissing him, or subjecting him to any other detriment.
[F3(2A) It is unlawful for a person, in relation to employment by him at an establishment in Northern Ireland, to subject to harassment a person whom he employs or who has applied to him for employment.]
(3) Except in relation to discrimination falling within Article 4[F3 or discrimination on grounds of race or ethnic or national origins], paragraphs (1) and (2) do not apply to employment for the purposes of a private household.
(4) Paragraph (2) does not apply to benefits, facilities or services of any description if the employer is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public comprising the employee in question, unless—
(a)that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his employees; or
(b)the provision of the benefits, facilities or services to the employee in question is regulated by his contract of employment; or
(c)the benefits, facilities or services relate to training.
[F3(4A) In paragraph (2)(c) the reference to the dismissal of a person from employment includes, where the discrimination is on grounds of race or ethnic or national origins, references—
(a)to the termination of that person's employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms;
(b)to the termination of that person's employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer]
(5) Paragraphs (1) and (2) do not render unlawful any act done by an employer[F3, on grounds other than those of race or ethnic or national origins,] for the benefit of a person not ordinarily resident in Northern Ireland in or in connection with employing him at an establishment in Northern Ireland, where the purpose of that employment is to provide him with training in skills which he appears to the employer to intend to exercise wholly outside Northern Ireland.
F3SR 2003/341