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Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996

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Amendment of the Sex Discrimination (Northern Ireland) Order 1976

2.—(1) The Sex Discrimination (Northern Ireland) Order 1976(1) is amended as follows.

(2) After Article 65(1) there is inserted—

(1A) In applying Article 66 for the purposes of paragraph (1)(b), no account shall be taken of paragraph (3) of that Article.

(1B) As respects an unlawful act of discrimination falling within Article 3(1)(b) or Article 5(1)(b), if the respondent proves that the requirement or condition in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex or marital status as the case may be, an order may be made under paragraph (1)(b) only if the industrial tribunal—

(a)makes such order under paragraph (1)(a) and such recommendation under paragraph (1)(c) (if any) as it would have made if it had no power to make an order under paragraph (1)(b); and

(b)(where it makes an order under paragraph (1)(a) or a recommendation under paragraph (1)(c) or both) considers that it is just and equitable to make an order under paragraph (1)(b) as well..

(3) In Article 65(3)(b), for the words “could have been made but was not” there is substituted “was not made”.

(4) In Article 66(3) the words from “(or, where” to “Article 5(1)(b))” and the words “or marital status as the case may be” are omitted.

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