How Is Equality Law Enforced in Northern Ireland?

Who this guide is for

People in Northern Ireland who want to know what the Equality Commission for Northern Ireland can do about discrimination, whether it can help with their own case, and how public authorities and employers are held to their equality duties.

What this guide does not cover

• England, Wales and Scotland: see the guide for England, Wales and Scotland. The Equality and Human Rights Commission (EHRC) is the regulator there.
• Whether what happened to you counts as discrimination under Northern Ireland law, and how much compensation you might get. This guide does not cover them: ask the Equality Commission for Northern Ireland.
• Reasonable adjustments at work: use the reasonable adjustments checker. Pregnancy and maternity at work: use the maternity pay checker. Whistleblowing: use the whistleblowing checker.
• The Commission's other enforcement powers against employers and service providers, and discrimination in education. This guide does not cover them: ask the Equality Commission for Northern Ireland.
• Your exact tribunal deadline: use the tribunal deadline checker.

The questions that decide the answer

1. Where are you? In Northern Ireland, the Equality Commission for Northern Ireland is the body to ask. In England, Wales or Scotland it is the EHRC: see the guide for England, Wales and Scotland.
2. Is it about work or about a service? Work claims go to an industrial tribunal, or to the Fair Employment Tribunal for religious belief or political opinion, after early conciliation with the Labour Relations Agency (LRA). Claims about goods, facilities and services go to the county court.
3. Is it about a public authority not doing what its equality scheme says? Then you complain to the authority first, and after that you may be able to complain to the Commission.
4. When did it happen? Your time limit runs from the date of the act you are complaining about.

"Can the Equality Commission help with my complaint?"

Yes. Its Discrimination Advice Officers give free and confidential advice about your options, and you can contact them at any stage.

The Commission says this advice is not legal advice. For legal advice or an assessment of how strong your case is, it recommends a solicitor.

You can apply to the Commission for assistance with a discrimination complaint, and it decides whether to give it.

Applying to the Commission for assistance does not start a claim, and the time limit keeps running.

The Commission is not your representative just because it is giving you information.

You can also go straight to a tribunal or the county court with your own legal representative.

"A public authority is ignoring equality"

Section 75 of the Northern Ireland Act 1998 requires public authorities to have due regard to the need to promote equality of opportunity, and regard to the desirability of promoting good relations between people of different religious belief, political opinion or racial group.

Designated public authorities must have an equality scheme, approved by the Commission, setting out how they will meet these duties.

If you have been directly affected by a public authority not keeping to its equality scheme, you must first complain to the authority and give it a reasonable chance to respond.

If you are not satisfied with its response, you can complain to the Commission under paragraph 10 of Schedule 9 to the Northern Ireland Act 1998.

A complaint to the Commission must be sent within 12 months of when you knew about the matters you are complaining about.

The Commission must either investigate a complaint that meets the legal requirements or give you its reasons for not investigating. It can also investigate on its own initiative (paragraph 11).

An investigation looks at whether the authority kept to its equality scheme, not at whether the policy itself was right. It ends in a report, which can make recommendations to the authority.

"What must employers do about fair employment?"

Employers with 11 or more employees working 16 hours or more a week must register with the Equality Commission, and should do so within one month of reaching that number (Fair Employment and Treatment (NI) Order 1998).

Registered employers must monitor the community background and sex of their workforce and send the Commission a monitoring return every year.

Not sending a monitoring return, or not sending it within the time allowed, is a criminal offence.

Registered employers must also review the make-up of their workforce and their employment practices at least once every three years (an Article 55 review).

Deadlines you must meet

• Before most tribunal claims you must notify the Labour Relations Agency (LRA) for early conciliation.
• Most claims, including unfair dismissal and discrimination, must be made within 3 months less 1 day.
• If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.
• Discrimination claims about goods, facilities and services go to the county court, and there is a strict time limit of 6 months from the date the discrimination took place.
• A section 75 complaint to the Commission: within 12 months, after complaining to the public authority first.
• Your exact date depends on your facts: the tribunal deadline checker works it out.

Traps

• The EHRC and the Equality Advisory and Support Service cover England, Wales and Scotland, not Northern Ireland.
• The Equality Act 2010 does not apply in Northern Ireland.
• Northern Ireland law does not protect against age discrimination in goods, facilities and services.
• Religious belief and political opinion claims at work go to the Fair Employment Tribunal, not an industrial tribunal.
• A section 75 investigation is about the equality scheme. It does not pay you compensation.