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The Fair Employment and Treatment (Northern Ireland) Order 1998

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Changes over time for: Cross Heading: Discrimination by partnerships

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Discrimination by partnershipsN.I.

F1. . . partnershipsN.I.

26.—(1) It is unlawful for a firmF1. . . , in relation to a position as partner in the firm, to discriminate against a person—

(a)in the arrangements they make for the purpose of determining who should be offered that position; or

(b)in the terms on which they offer him that position; or

(c)by refusing or deliberately omitting to offer him that position; or

(d)in a case where the person already holds that position—

(i)in the way they afford him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

(ii)by expelling him from that position, or subjecting him to any other detriment.

[F1(1A) It is unlawful for a firm, in relation to a position as a partner in the firm, to subject to harassment a person who holds or has applied for that position.]

(2) [F1Paragraphs (1) and (1A)] shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.

(3) Paragraph (1)(a) and (c) do not apply to a position as partner where, if it were employment, the essential nature of the job would require it to be done by a person holding, or not holding, a particular religious belief or political opinion.

(4) In this Article—

(a)“firm” has the meaning given by section 4 of the [1890 c. 39.] Partnership Act 1890; and

(b)references to a partner shall, in the case of a limited partnership, be construed as references to a general partner as defined in section 3 of the [1907 c. 24.] Limited Partnerships Act 1907.

[F1(5) The reference in paragraph (1)(d)(ii) to the expulsion of a person from a position as partner includes a reference—

(a)to the termination of that person's partnership 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 partnership is renewed on the same terms; and

(b)to the termination of that person's partnership 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 other partners.]

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F1SR 2003/520

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