Fair Employment (Northern Ireland) Act 1989

Undertakings or directions for promoting equality of opportunity

12Undertaking following investigation under section 11

(1)The following provisions of this section apply where, following an investigation under section 11 of this Act, the Commission is of the opinion any of the persons mentioned in subsection (1) of that section ought to take action for promoting equality of opportunity.

(2)The Commission shall use its best endeavours—

(a)to ensure that the person concerned takes such action for promoting equality of opportunity as is, in all the circumstances, reasonable and appropriate, and

(b)where appropriate, to secure a satisfactory written undertaking by him that such action will be taken.

(3)Where the Commission asks the person concerned for an undertaking, on such terms as appear satisfactory to the Commission, to take such action as is mentioned in subsection (2)(a) above, then—

(a)if the undertaking is not given, the Commission shall serve on the person concerned a notice containing directions such as are mentioned in section 14(1) of this Act, and

(b)if the undertaking, although given, is not complied with, the Commission shall either—

(i)serve on him such a notice containing such directions (which shall supersede the undertaking), or

(ii)make an application to the Tribunal under section 16 of this Act for enforcement of the undertaking.

(4)Subsection (3) above does not apply in any case where the Commission decides that no further action by it is appropriate.

(5)The reference in subsection (1) above to an investigation under section 11 of this Act includes a reference to an investigation made by the Fair Employment Agency for Northern Ireland under section 12 of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 before the commencement of this section.

13Voluntary undertakings

(1)Any of the persons mentioned in section 11(1) of this Act may give a written undertaking to the Commission if the Commission informs him—

(a)that, in exercising its functions under this Act, the Commission has formed the opinion that he ought to take action for promoting equality of opportunity, or

(b)that it appears to the Commission from any decision of the Tribunal in proceedings under Part III of the Fair Employment (Northern Ireland) Act 1976, or from any evidence given in such proceedings, that he ought to take such action.

(2)An undertaking under this section shall be in such terms as appear satisfactory to the Commission for the purpose of ensuring that the person giving it takes such action for promoting equality of opportunity as is, in all the circumstances, reasonable and appropriate.

(3)If an undertaking given by a person under this section is not complied with, the Commission shall either—

(a)serve on him a notice containing directions (which shall supersede the undertaking) such as are mentioned in section 14(1) of this Act, or

(b)make an application to the Tribunal under section 16 of this Act for enforcement of the undertaking.

(4)Subsection (3) above does not apply in a case where the Commission decides that no further action by it is appropriate.

(5)Subsection (3) above does not apply in relation to an undertaking given by any of the authorities specified in subsection (1) of section 54 of the Fair Employment (Northern Ireland) Act 1976, but where an undertaking given under this section by such an authority is not complied with the Commission shall send a report of the circumstances of the failure to comply with it to the person to whom a report under subsection (2) of that section following an investigation relating to the authority would be sent.

14Directions under sections 12 and 13

(1)The directions contained in a notice under section 12(3)(a) or (b)(i) or section 13(3)(a) of this Act shall be those which the Commission considers to be, in all the circumstances, reasonable and appropriate for promoting equality of opportunity, and the directions may in particular include—

(a)directions for the abandonment, or for the modification in accordance with any instructions given in the directions, of any practice or for the substitution or adoption of new practices specified by the Commission, and

(b)such directions as the Commission considers necessary to ensure that other directions are duly carried out,

but the terms of the directions contained in a notice under section 12(3)(b)(i) or 13(3)(a) shall be such as, in the opinion of the Commission, are not substantially more onerous than the terms of the undertaking which they supersede.

(2)A notice under section 12(3)(a) or (b)(i) or section 13(3)(a) of this Act shall inform the person on whom it is served of the right of appeal against the directions which is conferred by section 15 of this Act.

(3)The Commission, on the written application of the person on whom a notice under section 12(3)(a) or (b)(i) or section 13(3)(a) of this Act is served, may—

(a)revoke all of the directions, or

(b)modify the directions in accordance with the application—

(i)by revoking any of them, or

(ii)by substituting new directions for all or any of them,

and, in substitution for any directions which are revoked under paragraph (a) above, may accept from that person an undertaking such as is mentioned in section 12(2)(b) or 13(2) of this Act.

(4)The Commission shall serve notice of the revocation or modification on the person concerned.

(5)The directions—

(a)are binding on the person concerned (except to the extent that they are quashed, or other directions are substituted for them, by the Tribunal under section 15 of this Act), and

(b)are enforceable only in accordance with section 16 of this Act.