Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

Part VN.I. Exceptions

37 Excepted employments, etc.N.I.

(1)[F1Parts III and IV and the Fair Employment (Northern Ireland) Act 1989] shall not apply to or in relation to—

(a)any employment or occupation as a clergyman or minister of a religious denomination;

(b)employment for the purposes of a private household; or

(c)employment as a teacher in a school.

(2)[F2The Fair Employment (Northern Ireland) Act 1989] shall not apply to or in relation to any employment or occupation, other than one mentioned in subsection (1), where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief.

(3)Parts III and IV, so far as they relate to discrimination on the ground of religious belief, shall not apply to or in relation to any employment or occupation, other than one mentioned in subsection (1), where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief; nor, so far as they relate to discrimination on the ground of political opinion, shall they apply to or in relation to an employment or occupation where the essential nature of the job requires it to be done by a person holding, or not holding, a particular political opinion.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5)Subsection (1) is subject to the power conferred by section 39 to remove or limit the exception made by paragraph (c) of that subsection.

[F437A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F537B Redundancy.N.I.

(1)This section applies where—

(a)a practice relating to the selection of employees who may be dismissed as redundant is followed by an employer in pursuance of affirmative action and in accordance with an agreed procedure, and

(b)the practice does not involve the application of any condition or requirement framed by reference to religious belief or political opinion, but has or may have the effect that the proportion of employees of a particular religious belief or political opinion who are selected is smaller than the proportion of employees not of that religious belief or, as the case may be, not of that political opinion who are selected.

(2)The dismissal of an employee in pursuance of the practice is not by virtue of section 16(2) unlawful under any provision of Parts III and IV.]

[F637C Measures to encourage applications etc. from under-represented community.N.I.

Nothing in Parts III or IV shall render unlawful any act done by—

(a)an employer,

(b)an employment agency,

(c)a vocational organisation, or

(d)a person providing services as mentioned in section 22(1),

in or in connection with encouraging members of the Roman Catholic, or members of the Protestant, community in Northern Ireland to consider or to apply for a particular employment or particular training or to consider a particular occupation, where the act is done in pursuance of affirmative action.]

38 Review of exception of school teachers. N.I.

(1)The [F7Commission] shall keep under review the exception contained in section 37(1)(c) relating to the employment of teachers in schools, with a view to considering whether, in the [F7Commission’s] opinion, it is appropriate that any steps should be taken to further equality of opportunity in the employment of such teachers.

(2)For the purpose of assisting it in the discharge of its duty under subsection (1), the [F7Commission] may conduct investigations—

(a)into the composition, by reference to religious beliefs, of the staff employed as teachers, or teachers of any class, in schools generally, schools of any class or particular schools; and

(b)into practices—

(i)affecting the recruitment or access to benefits of, or the terms of employment applicable to, such staff, or

(ii)involving any detriment to such staff,

including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the staff at that time.

(3)The [F7Commission] may from time to time, and shall whenever the Secretary of State so directs, report to the Secretary of State upon the exercise of its functions under this section; and a report under this subsection may make recommendations as to any action which the [F7Commission] considers ought to be taken to further equality of opportunity in the employment of teachers, or teachers of any class, in schools, or in schools of any class (including action by way of the exercise of the power conferred by section 39 to remove or limit the exception contained in section 37(1)(c)).

(4)[F8Schedule 1 to the Fair Employment (Northern Ireland) Act 1989] shall have effect with respect to the conduct of investigations under this section.

39 Power to remove or limit exception of school-teachers.N.I.

(1)The Secretary of State may by order provide that section 37(1)(c)—

(a)shall cease to have effect; or

(b)shall, on and after such day or days as may be specified in the order, have effect only in relation to particular classes of teachers or particular classes of schools or for particular purposes of [F9the Fair Employment (Northern Ireland) Acts].

(2)An order under subsection (1) may make all or any of the provisions mentioned in paragraph (b) of that subsection, and may do so by way of exception or otherwise.

(3)An order under subsection (1) may include transitional provisions.

(4)The power to make an order under subsection (1)(b) includes power to vary or revoke the order.

(5)The Secretary of State shall not make an order under subsection (1) unless a draft of the order has been laid before, and has been approved by, both Houses of Parliament.

40 Charities.N.I.

(1)Nothing in [F10the Fair Employment (Northern Ireland) Acts] shall—

(a)be construed as affecting a provision to which this subsection applies, or

(b)render unlawful an act which is done in order to give effect to such a provision.

(2)Subsection (1) applies to a provision for conferring benefits on persons of a particular religious belief or a particular political opinion (disregarding any benefits to persons not of that belief or opinion which are exceptional or are relatively insignificant), being a provision—

(a)which is contained in an enactment or instrument, and

(b)which has been enacted or made for purposes which are exclusively charitable according to the law of Northern Ireland.

(3)In subsection (2) “enactment” includes an enactment contained in a local or personal Act (including an Act of the Parliament of Northern Ireland).

41 Acts done under statutory authority.N.I.

(1)Nothing in [F11the Fair Employment (Northern Ireland) Acts] shall render unlawful anything done in order to comply with a requirement—

(a)of an enactment enacted before the passing of this Act; or

(b)of an instrument made or approved (whether before or after the passing of this Act) under an enactment enacted before the passing of this Act.

(2)Where an enactment enacted after the passing of this Act re-enacts (with or without modification) a provision of an enactment enacted before the passing of this Act, subsection (1) shall apply to that provision as re-enacted as if it continued to be contained in an enactment enacted before the passing of this Act.

42 Acts done to safeguard national security, etc.N.I.

(1)[F12The Fair Employment (Northern Ireland) Acts] shall not apply to an act done for the purpose of safeguarding national security or of protecting public safety or public order.

(2)A certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for a purpose mentioned in subsection (1) shall be conclusive evidence that it was done for that purpose.

(3)A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.

Part VN.I. Exceptions

37 Excepted employments, etc.N.I.

(1)[F1Parts III and IV and the Fair Employment (Northern Ireland) Act 1989] shall not apply to or in relation to—

(a)any employment or occupation as a clergyman or minister of a religious denomination;

(b)employment for the purposes of a private household; or

(c)employment as a teacher in a school.

(2)[F2The Fair Employment (Northern Ireland) Act 1989] shall not apply to or in relation to any employment or occupation, other than one mentioned in subsection (1), where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief.

(3)Parts III and IV, so far as they relate to discrimination on the ground of religious belief, shall not apply to or in relation to any employment or occupation, other than one mentioned in subsection (1), where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief; nor, so far as they relate to discrimination on the ground of political opinion, shall they apply to or in relation to an employment or occupation where the essential nature of the job requires it to be done by a person holding, or not holding, a particular political opinion.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5)Subsection (1) is subject to the power conferred by section 39 to remove or limit the exception made by paragraph (c) of that subsection.

[F437A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F537B Redundancy.N.I.

(1)This section applies where—

(a)a practice relating to the selection of employees who may be dismissed as redundant is followed by an employer in pursuance of affirmative action and in accordance with an agreed procedure, and

(b)the practice does not involve the application of any condition or requirement framed by reference to religious belief or political opinion, but has or may have the effect that the proportion of employees of a particular religious belief or political opinion who are selected is smaller than the proportion of employees not of that religious belief or, as the case may be, not of that political opinion who are selected.

(2)The dismissal of an employee in pursuance of the practice is not by virtue of section 16(2) unlawful under any provision of Parts III and IV.]

[F637C Measures to encourage applications etc. from under-represented community.N.I.

Nothing in Parts III or IV shall render unlawful any act done by—

(a)an employer,

(b)an employment agency,

(c)a vocational organisation, or

(d)a person providing services as mentioned in section 22(1),

in or in connection with encouraging members of the Roman Catholic, or members of the Protestant, community in Northern Ireland to consider or to apply for a particular employment or particular training or to consider a particular occupation, where the act is done in pursuance of affirmative action.]

38 Review of exception of school teachers. N.I.

(1)The [F7Commission] shall keep under review the exception contained in section 37(1)(c) relating to the employment of teachers in schools, with a view to considering whether, in the [F7Commission’s] opinion, it is appropriate that any steps should be taken to further equality of opportunity in the employment of such teachers.

(2)For the purpose of assisting it in the discharge of its duty under subsection (1), the [F7Commission] may conduct investigations—

(a)into the composition, by reference to religious beliefs, of the staff employed as teachers, or teachers of any class, in schools generally, schools of any class or particular schools; and

(b)into practices—

(i)affecting the recruitment or access to benefits of, or the terms of employment applicable to, such staff, or

(ii)involving any detriment to such staff,

including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the staff at that time.

(3)The [F7Commission] may from time to time, and shall whenever the Secretary of State so directs, report to the Secretary of State upon the exercise of its functions under this section; and a report under this subsection may make recommendations as to any action which the [F7Commission] considers ought to be taken to further equality of opportunity in the employment of teachers, or teachers of any class, in schools, or in schools of any class (including action by way of the exercise of the power conferred by section 39 to remove or limit the exception contained in section 37(1)(c)).

(4)[F8Schedule 1 to the Fair Employment (Northern Ireland) Act 1989] shall have effect with respect to the conduct of investigations under this section.

39 Power to remove or limit exception of school-teachers.N.I.

(1)The Secretary of State may by order provide that section 37(1)(c)—

(a)shall cease to have effect; or

(b)shall, on and after such day or days as may be specified in the order, have effect only in relation to particular classes of teachers or particular classes of schools or for particular purposes of [F9the Fair Employment (Northern Ireland) Acts].

(2)An order under subsection (1) may make all or any of the provisions mentioned in paragraph (b) of that subsection, and may do so by way of exception or otherwise.

(3)An order under subsection (1) may include transitional provisions.

(4)The power to make an order under subsection (1)(b) includes power to vary or revoke the order.

(5)The Secretary of State shall not make an order under subsection (1) unless a draft of the order has been laid before, and has been approved by, both Houses of Parliament.

40 Charities.N.I.

(1)Nothing in [F10the Fair Employment (Northern Ireland) Acts] shall—

(a)be construed as affecting a provision to which this subsection applies, or

(b)render unlawful an act which is done in order to give effect to such a provision.

(2)Subsection (1) applies to a provision for conferring benefits on persons of a particular religious belief or a particular political opinion (disregarding any benefits to persons not of that belief or opinion which are exceptional or are relatively insignificant), being a provision—

(a)which is contained in an enactment or instrument, and

(b)which has been enacted or made for purposes which are exclusively charitable according to the law of Northern Ireland.

(3)In subsection (2) “enactment” includes an enactment contained in a local or personal Act (including an Act of the Parliament of Northern Ireland).

41 Acts done under statutory authority.N.I.

(1)Nothing in [F11the Fair Employment (Northern Ireland) Acts] shall render unlawful anything done in order to comply with a requirement—

(a)of an enactment enacted before the passing of this Act; or

(b)of an instrument made or approved (whether before or after the passing of this Act) under an enactment enacted before the passing of this Act.

(2)Where an enactment enacted after the passing of this Act re-enacts (with or without modification) a provision of an enactment enacted before the passing of this Act, subsection (1) shall apply to that provision as re-enacted as if it continued to be contained in an enactment enacted before the passing of this Act.

42 Acts done to safeguard national security, etc.N.I.

(1)[F12The Fair Employment (Northern Ireland) Acts] shall not apply to an act done for the purpose of safeguarding national security or of protecting public safety or public order.

(2)A certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for a purpose mentioned in subsection (1) shall be conclusive evidence that it was done for that purpose.

(3)A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.