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The Employment Equality (Age) Regulations (Northern Ireland) 2006

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Discrimination on grounds of age

    4. 4.Discrimination by way of victimisation

    5. 5.Instructions to discriminate

    6. 6.Harassment on grounds of age

  3. PART 2 DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING

    1. 7.Applicants and employees

    2. 8.Discrimination by persons with statutory power to select employees for others

    3. 9.Exception for genuine occupational requirement etc.

    4. 10.Contract workers

    5. 11.Meaning of employment and contract work at establishment in Northern Ireland

    6. 12.Pension schemes

    7. 13.Office-holders etc.

    8. 14.Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve

    9. 15.Other police bodies

    10. 16.Serious Organised Crime Agency

    11. 17.Barristers

    12. 18.Partnerships

    13. 19.Trade organisations

    14. 20.Qualifications bodies

    15. 21.The provision of vocational training

    16. 22.Employment agencies, careers guidance etc.

    17. 23.Assisting persons to obtain employment etc.

    18. 24.Institutions of further and higher education

    19. 25.Relationships which have come to an end

  4. PART 3 OTHER UNLAWFUL ACTS

    1. 26.Liability of employers and principals

    2. 27.Aiding unlawful acts

  5. PART 4 GENERAL EXCEPTIONS FROM PARTS 2 AND 3

    1. 28.Exception for statutory authority

    2. 29.Exception for national security etc

    3. 30.Effect of certificates by Secretary of State

    4. 31.Exceptions for positive action

    5. 32.Exception for retirement

    6. 33.Exception for the national minimum wage

    7. 34.Exception for provision of certain benefits based on length of service

    8. 35.Exception for provision of enhanced redundancy payments to employees

    9. 36.Exception for provision of life assurance cover to retired workers

  6. PART 5 FUNCTIONS OF THE EQUALITY COMMISSION

    1. 37.General duty of Commission

    2. 38.Research and education

    3. 39.Codes of practice

  7. PART 6 ENFORCEMENT

    1. 40.Restriction of proceedings for breach of Regulations

    2. 41.Jurisdiction of industrial tribunals

    3. 42.Burden of proof: industrial tribunals

    4. 43.Remedies on complaints in industrial tribunals

    5. 44.Jurisdiction of county courts

    6. 45.Burden of proof: county courts

    7. 46.Help for persons in obtaining information etc.

    8. 47.Assistance by Commission

    9. 48.Period within which proceedings to be brought

  8. PART 7 SUPPLEMENTAL

    1. 49.Validity of contracts, collective agreements and rules of undertakings

    2. 50.Application to the Crown etc.

    3. 51.Duty to consider working beyond retirement

    4. 52.Duty to consider working beyond retirement – transitional provisions

    5. 53.Amendments, transitionals, repeals and revocations

  9. Signature

    1. SCHEDULE 1

      Pension schemes

      1. PART 1 Pension schemes - general

        1. 1.Interpretation

        2. 2.Non-discrimination rule

        3. 3.Exception for rules, practices, actions and decisions relating to occupational pension schemes

        4. 3A.(1) Subject to sub-paragraph (2), nothing in Part 2 or...

        5. 4.Exception for rules, practices, actions and decisions relating to contributions by employers to personal pension schemes

        6. 4A.Unlawfulness of rules, practices, actions or decisions relating to Part 2 or 3 of this Schedule

        7. 5.Procedure in industrial tribunals

        8. 6.Remedies in industrial tribunals

      2. PART 2 Excepted rules, practices, actions and decisions relating to occupational pension schemes

        1. 7.Admission to schemes

        2. 8.The use of age criteria in actuarial calculations

        3. 9.Contributions

        4. 10.Contributions under money purchase arrangements

        5. 11.Contributions under defined benefits arrangements

        6. 11A.Any limitation on employer contributions in respect of a member...

        7. 12.Age related rules, practices, actions and decisions relating to benefit

        8. 13.(1) A minimum age for any active or prospective members...

        9. 13A.Paragraph 13 shall continue to apply to any member who...

        10. 13B.(1) A minimum age for any member of a scheme...

        11. 14.An early retirement pivot age or a late retirement pivot...

        12. 15.(1) A minimum age for any member of a scheme...

        13. 15A.(1) The calculation of any death benefit payable in respect...

        14. 16.(1) Any rule, practice, action or decision where—

        15. 17.The actuarial reduction of any pension payable from a scheme...

        16. 18.In relation to pensioner members who have retired from a...

        17. 19.Other rules, practices, actions and decisions relating to benefit

        18. 19A.(1) Any differences in— (a) the fraction of pensionable pay...

        19. 19B.Where paragraph 19A applies, different rates of member or employer...

        20. 20.Any difference in the amount of any age related benefit...

        21. 21.(1) Any limitation on the amount of any age related...

        22. 22.Any rule, practice, action or decision where any age related...

        23. 23.When determining a member’s pensionable pay by reference to which...

        24. 23A.Any difference in the amount of age related benefit or...

        25. 24.Any limitation on the amount of any age related benefit...

        26. 25.Closure of schemes

        27. 25A.Closure of sections of schemes

        28. 26.Other rules, practices, actions and decisions

        29. 27.Any difference in the rate of increase of pensions in...

        30. 28.Any difference in the rate of increase of pensions in...

        31. 29.The application of an age limit for transfer of the...

        32. 30.Registered pension schemes

      3. PART 3 Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes

        1. 31.Contributions by employers

        2. 32.Any difference in the rate of contributions by an employer...

        3. 33.Any limitation on any contributions by an employer, to a...

        4. 34.A minimum age for commencement of payment of contributions by...

        5. 35.Different minimum ages for commencement of payment of contributions by...

        6. 36.Equal rates of contributions by an employer to a personal...

    2. SCHEDULE 2

      Questionnaire of person aggrieved

    3. SCHEDULE 3

      Reply by respondent

    4. SCHEDULE 4

      Validity of contracts, collective agreements and rules of undertaking

      1. PART 1 Validity and revision of contracts

        1. 1.(1) A term of a contract is void where—

        2. 2.(1) Paragraph 1(3) does not apply— (a) to a contract...

        3. 3.(1) On the application of a person interested in a...

      2. PART 2 Collective agreements and rules of undertakings

        1. 4.(1) This Part of this Schedule applies to—

        2. 5.A person to whom this paragraph applies may present a...

        3. 6.In the case of a complaint about—

        4. 7.In the case of a complaint about a rule made...

        5. 8.(1) When an industrial tribunal finds that a complaint presented...

        6. 9.The avoidance by virtue of paragraph 4(2) of any term...

        7. 10.In this Schedule “collective agreement” means any agreement relating to...

    5. SCHEDULE 5

      Duty to consider working beyond retirement

      1. 1.Interpretation

      2. 2.Duty of employer to notify employee

      3. 3.(1) This paragraph applies if the employer has notified the...

      4. 4.Continuing duty to notify employee

      5. 5.Statutory right to request not to retire

      6. 6.An employer’s duty to consider a request

      7. 7.Meeting to consider request

      8. 8.Appeals

      9. 9.Right to be accompanied

      10. 10.Dismissal before request considered

      11. 11.Complaint to industrial tribunal: failure to comply with paragraph 2

      12. 12.Complaint to industrial tribunal: denial of right to be accompanied

      13. 13.Detriment and dismissal

    6. SCHEDULE 6

      Duty to consider working beyond retirement – transitional provisions

      1. 1.In paragraphs 2 to 6— (a) “the expiry date” means...

      2. 2.(1) This paragraph applies in a case where—

      3. 3.(1) This paragraph applies in a case where the employer...

      4. 4.(1) This paragraph applies in a case where—

      5. 5.(1) This paragraph applies in a case where—

      6. 6.In every case to which paragraph 2, 3, 4 or...

    7. SCHEDULE 7

      Amendments to legislation and related transitional provisions

      1. Part 1 Primary legislation

        1. 1.The Social Security Contributions and Benefits (Northern Ireland) Act 1992

        2. 2.The Statutory Sick Pay (Northern Ireland) Order 1994

        3. 3.The Employment Rights (Northern Ireland) Order 1996

        4. 4.The Industrial Tribunals (Northern Ireland) Order 1996

        5. 5.The Fair Employment and Treatment (Northern Ireland) Order 1998

        6. 6.The Employment (Northern Ireland) Order 2003

      2. PART 2 Subordinate legislation

        1. 7.The Riding Establishments Regulations (Northern Ireland) 1980

        2. 8.The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982

        3. 9.The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987

        4. 10.The Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996

        5. 11.The Petshops Regulations (Northern Ireland) 2000

        6. 12.The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

        7. 13.The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

        8. 14.The Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004

        9. 15.The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

    8. SCHEDULE 8

      Repeals and revocations

  11. Explanatory Note

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