F1SR 2003/341
Modifications etc. (not altering text)
C1Pt. 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)
F2SR 2003/341
9.—(1) This Article applies to any work for a person ( “the principal”) which is available for doing by individuals ( “contract workers”) who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.
(2) It is unlawful for the principal, in relation to work to which this Article applies, to discriminate against a contract worker—
(a)in the terms on which he allows him to do that work; or
(b)by not allowing him to do it or continue to do it; or
(c)in the way he affords him access to any benefits, facilities or services or by refusing or deliberately omitting to afford him access to them; or
(d)by subjecting him to any other detriment.
(3) The principal does not contravene paragraph (2)(b) by doing any act in relation to a person not of a particular racial group[F3, or not of a particular race or particular ethnic or national origins,] at a time when, if the work were to be done by a person taken into the principal's employment, being of that racial group[F3 or of that race or those origins] would be a genuine occupational qualification[F3 or, as the case may be, that act would be lawful by virtue of Article 7A] for the job.
[F3(3A) It is unlawful for the principal, in relation to work to which this Article applies, to subject a contract worker to harassment.]
(4) Nothing in this Article shall render unlawful any act done by the principal[F3 on grounds other than those of race or ethnic or national origins,] for the benefit of a contract worker not ordinarily resident in Northern Ireland in or in connection with allowing him to do work to which this Article applies, where the purpose of his being allowed to do that work is to provide him with training in skills which he appears to the principal to intend to exercise wholly outside Northern Ireland.
(5) Paragraph (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.
(6) This Article applies only in relation to work done at an establishment in Northern Ireland; and [F4Articles 10 and 11 apply] for the purposes of this paragraph with appropriate modifications.
F3SR 2003/341
F4Words in art. 9(6) substituted (9.7.2012) by The Race Relations Order 1997 (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/263), arts. 1(3), 3