Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003

Harassment by employers

9.—(1) For the heading to Part III of the Fair Employment and Treatment Order there shall be substituted “DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD” and for the cross heading immediately thereafter there shall be substituted “Discrimination and harassment in the employment field”.

(2) In the heading to Article 19 of the Fair Employment and Treatment Order (discrimination against applicants and employees), omit the words “Discrimination against”.

(3) After paragraph (1) of that Article insert –

“(1A) It is unlawful for an employer, in relation to employment by him in Northern Ireland, to subject to harassment a person whom he employs or who has applied to him for employment.”.

(4) After paragraph (2) of that Article insert –

“(3) In paragraph (1)(b)(iii) reference to the dismissal of a person from employment includes reference –

(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; and

(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.”.