Meaning of “discrimination” and “harassment”
Meaning of “discrimination”
(1) For the purposes of this Part, a person discriminates against a disabled person if—
(a) for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and
(b) he cannot show that the treatment in question is justified.
(2) For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person.
(3) Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
(4) But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5).
(5) A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.
(6) If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.
Meaning of “harassment”
(1) For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of—
(a) violating the disabled person’s dignity, or
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
(2) Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.
Discrimination against applicants and employees.
1 It is unlawful for an employer to discriminate against a disabled person –
(a) in the arrangements which he makes for the purpose of determining to whom he should offer employment;
(b) in the terms on which he offers that person employment; or
(c) by refusing to offer, or deliberately not offering, him employment.
(2) It is unlawful for an employer to discriminate against a disabled person whom he employs –
(a) in the terms of employment which he affords him;
(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;
(c) by refusing to afford him, or deliberately not affording him, any such opportunity; or
(d) by dismissing him, or subjecting him to any other detriment.
(3) It is also unlawful for an employer, in relation to employment by him, to subject to harassment –
(a) a disabled person whom he employs; or
(b) a disabled person who has applied to him for employment.
(4) Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless –
(a) that provision differs in a material respect from the provision of the benefits by the employer to his employees;
(b) the provision of the benefits to the employee in question is regulated by his contract of employment; or
(c) the benefits relate to training.
(5) The reference in subsection (2)(d) to the dismissal of a person includes a 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.
(6) This section applies only in relation to employment at an establishment in Northern Ireland.
Employers: duty to make adjustments
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Contract workers
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Office-holders: introductory
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Office-holders: discrimination and harassment
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Office-holders: duty to make adjustments
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Office-holders: supplementary
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Occupational pension schemes
Occupational pension schemes: non-discrimination rule
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Occupational pension schemes: duty to make adjustments
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Occupational pension schemes: procedure
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Occupational pension schemes: remedies
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Occupational pension schemes: supplementary
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Meaning of “discrimination”
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Duty of employer to make adjustments.
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Partnerships: discrimination and harassment
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Partnerships: duty to make adjustments
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Partnerships: supplementary
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Exemption for small businesses.
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Barristers and advocates Barristers
Barristers: discrimination and harassment
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Barristers: duty to make adjustments
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Advocates: discrimination and harassment
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Advocates: duty to make adjustments
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Enforcement, remedies and procedure.
(1) A complaint by any person that another person—
(a) has discriminated against him in a way which is unlawful under this Part, or
(b) is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
may be presented to an employment tribunal .
(2) Where an employment tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
(a) making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
(b) ordering the respondent to pay compensation to the complainant;
(c) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
(3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.
(4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
(5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
(a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
(b) make an order under subsection (2)(b).
(6) Regulations may make provision—
(a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
(b) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
(7) Regulations may modify the operation of any order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of employment tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
(8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
Validity of certain agreements.
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Charities and support for particular groups of persons.
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Advertisements suggesting that employers will discriminate against disabled persons
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Discrimination by other persons
Discrimination against contract workers.
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Trade and professional bodies
Trade organisations: discrimination and harassment
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Trade organisations: duty to make adjustments
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Qualifications bodies: discrimination and harassment
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Qualifications bodies: duty to make adjustments
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Practical work experience
Practical work experience: discrimination and harassment
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Practical work experience: duty to make adjustments
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Discrimination by other persons
Appeal against refusal of exemption certificate.
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Relationships between locally-electable authorities and their members Relationships between district councils and their members
Interpretation of sections 15B and 15C
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Authorities and their members: discrimination and harassment
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Authorities and their members: duty to make adjustments
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Alterations to premises occupied under leases.
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Relationships which have come to an end
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Discriminatory advertisements
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Instructions and pressure to discriminate
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Occupational pension schemes.
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Enforcement, remedies and procedure.
1 A complaint by any person that another person—
(a) has discriminated against him , or subjected him to harassment, in a way which is unlawful under this Part, or
(b) is, by virtue of section 57 or 58, to be treated as having done so ,
may be presented to an industrial tribunal.
(1A) Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.
(1B) Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.
(2) Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
(a) making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
(b) ordering the respondent to pay compensation to the complainant;
(c) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
(3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty.
(4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
(5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
(a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
(b) make an order under subsection (2)(b).
(6) Regulations may make provision—
(a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
(b) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
(7) Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
(8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
Enforcement of sections 16B(1) and 16C
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Validity of contracts, collective agreements and rules of undertakings
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Supplementary and general
Insurance services.
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Alterations to premises occupied under leases.
1 This section applies where—
(a) a person to whom a duty to make reasonable adjustments applies (“the occupier”) occupies premises under a lease;
(b) but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
(c) the alteration is one which the occupier proposes to make in order to comply with that duty .
(2) Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
(a) for the occupier to be entitled to make the alteration with the written consent of the lessor;
(b) for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
(c) if such an application is made, for the lessor not to withhold his consent unreasonably; and
(d) for the lessor to be entitled to make his consent subject to reasonable conditions.
(2A) Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—
(i) for the lessee to have to make a written application to the lessor for consent to the alteration;
(ii) if such an application is made, for the lessor not to withhold his consent unreasonably; and
(iii) for the lessor to be entitled to make his consent subject to reasonable conditions.
(3) In this section—
“ lease ” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“ sub-lease ” and “ sub-tenancy ” have such meaning as may be prescribed.
(4) If the terms and conditions of a lease—
(a) impose conditions which are to apply if the occupier alters the premises, or
(b) entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
(5) Part I of Schedule 4 supplements the provisions of this section.
Reasonable adjustments: supplementary
(1) In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—
(a) the extent to which taking the step would prevent the effect in relation to which the duty is imposed;
(b) the extent to which it is practicable for him to take the step;
(c) the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;
(d) the extent of his financial and other resources;
(e) the availability to him of financial or other assistance with respect to taking the step;
(f) the nature of his activities and the size of his undertaking;
(g) where the step would be taken in relation to a private household, the extent to which taking it would—
(i) disrupt that household, or
(ii) disturb any person residing there.
(2) The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—
(a) making adjustments to premises;
(b) allocating some of the disabled person’s duties to another person;
(c) transferring him to fill an existing vacancy;
(d) altering his hours of working or training;
(e) assigning him to a different place of work or training;
(f) allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;
(g) giving, or arranging for, training or mentoring (whether for the disabled person or any other person);
(h) acquiring or modifying equipment;
(i) modifying instructions or reference manuals;
(j) modifying procedures for testing or assessment;
(k) providing a reader or interpreter;
(l) providing supervision or other support.
(3) For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—
(a) it is always reasonable for him to have to take steps to obtain that consent; and
(b) it is never reasonable for him to have to make that alteration before that consent is obtained.
(4) The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.
(5) In subsection (3), “ binding obligation ” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.
(6) A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
Charities and support for particular groups of persons.
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Interpretation of Part 2
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Premises provided otherwise than in course of a Part 2 relationship
1 This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party.
(2) For the purposes of subsection (1)—
(a) “Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and
(b) in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.
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