PART II

DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD

Discrimination and harassment by employers

Meaning of employment at establishment in Northern Ireland
10
1
For the purposes of this Part, employment is to be regarded as being at an establishment in Northern Ireland if the employee—
a
does his work wholly or partly in Northern Ireland; or
b
does his work wholly outside Northern Ireland and paragraph (1A) applies.
1A
This paragraph applies if, in a case involving discrimination on grounds of race or ethnic or national origins, or harassment—
a
the employer has a place of business at an establishment in Northern Ireland;
b
the work is for the purposes of the business carried on at that establishment; and
c
the employee is ordinarily resident in Northern Ireland—
i
at the time when he applies for or is offered the employment, or
ii
at any time during the course of the employment.
2
The reference to “employment” in paragraph (1) includes—
a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
employment on aircraft
... registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland.
2A
Except as provided by Article 11, paragraph (1) does not apply to employment as a seafarer (within the meaning of that Article).
Para.3 rep. by SR 2000/8
4
Where work is not done at an establishment it shall be treated for the purposes of this Part as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection.
5
In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, the Department may by order provide that paragraphs (1) and (2) shall each have effect as if the last reference to Northern Ireland in paragraph (1) included any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 in which the law of Northern Ireland applies.
6
An order under paragraph (5) may provide that, in relation to employment to which the order applies, this Part is to have effect with such modifications as are specified in the order.
7
The Department shall not make an order under paragraph (5) unless a draft of the order has been laid before and approved by resolution of the Assembly.
1964 c. 29.
SR 2003/341
SR 2000/8
SR 2003/341
SR 2003/341
Art. 10(2)(a) omitted (9.7.2012) by virtue of The Race Relations Order 1997 (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/263), arts. 1(3), 4(a)
Words in art. 10(2)(b) omitted (9.7.2012) by virtue of The Race Relations Order 1997 (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/263), arts. 1(3), 4(a)
Art. 10(2A) inserted (9.7.2012) by The Race Relations Order 1997 (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/263), arts. 1(3), 4(b)
Pt. 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)