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The Fair Employment and Treatment (Northern Ireland) Order 1998

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Fair Employment and Treatment (Northern Ireland) Order 1998 No. 3162

The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

In Article 49 after paragraph (3) add—

(4) Any act which by virtue of this Article or Article 48 could not be unlawful under any provision of Parts III to V (or, in the case of an act falling within paragraph (3), under Article 15) is not by virtue of Article 3(2)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (indirect discrimination on the grounds of religious belief or political opinion) unlawful under any provision of Parts III to V of that Order..

In Article 53A for paragraphs (a) and (b) substitute “Articles 52, 52A and 53ZA”.

In Article 63 after paragraph (2) add—

(3) Where a complaint is presented to an industrial tribunal under paragraph (1) and it appears to the tribunal that the act to which the complaint relates is one in respect of which (as being unlawful discrimination within the meaning of the Fair Employment and Treatment (Northern Ireland) Order 1998)—

(a)a complaint could be made to the Fair Employment Tribunal for Northern Ireland under Part VI of that Order; or

(b)such a complaint has been made, but the proceedings under that Order have not been disposed of,

the tribunal shall not proceed further under this Order in relation to the complaint unless all proceedings which can be taken under the Fair Employment and Treatment (Northern Ireland) Order 1998 in respect of the act have been disposed of..

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