Implementing Equal Treatment Amendment Directive (2002/73/EC)
The Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005 (SR No 426)
implement, in Northern Ireland, the EU Equal Treatment Amendment Directive concerning equal treatment between men and women in employment, vocational training, promotion and working conditions. The Regulations came into operation on 5 October 2005.
implement, in Northern Ireland, the EU Equal Treatment Amendment Directive concerning equal treatment between men and women in employment, vocational training, promotion and working conditions. The Regulations came into operation on 5 October 2005. The Regulations amended the Sex Discrimination (Northern Ireland) Order 1976 and the Equal Pay Act (Northern Ireland) 1970 to extend protection from discrimination to office holders, and to make it clear that discrimination on grounds of pregnancy and maternity, harassment on grounds of sex and sexual harassment are all unlawful. They also introduced an eight week time limit for the return of questionnaires in sex discrimination cases. In addition, the Regulations provided a revised definition of indirect discrimination in line with the law dealing with discrimination on other grounds, and made a number of amendments of a technical nature.
Outcome of judicial review on Great Britain’s Employment Equality (Sex Discrimination) Regulations 2005
In March 2007, the High Court in Great Britain delivered a judgement on an application for Judicial Review brought by the former Equal Opportunities Commission against the way the UK government had transposed the EU Equal Treatment Amendment Directive (ETAD). The High Court found that specific provisions of GB’s Employment Equality (Sex Discrimination) Regulations 2005 (which amended the Sex Discrimination Act 1975) did not adequately provide the protections required by ETAD and European case law. The court ruling required GB to make a number of technical amendments to the Sex Discrimination Act 1975 provisions on harassment and pregnancy and maternity leave discrimination. As Northern Ireland made identical Regulations in 2005 to implement ETAD here, the High Court ruling required us to make corresponding amendments to the Sex Discrimination (Northern Ireland) Order 1976.
The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008 (SR No 159) amend the Sex Discrimination (Northern Ireland) Order 1976 to give effect to the High Court ruling in Northern Ireland. The Regulations came into operation on 6 April 2008. It should be noted that the amendments made by regulation 5 (exception relating to terms and conditions of employment during maternity leave) only apply in relation to a case where a woman’s expected week of childbirth begins on or after 5 October 2008. This provides time for business to prepare for this change. The Department for Employment and Learning will be making consequential amendments to the Maternity and Parental Leave etc Regulations (Northern Ireland) 1999 and it expects to bring these into operation in October this year, also applying to employees with an expected week of childbirth beginning on or after 5 October 2008.
amend the Sex Discrimination (Northern Ireland) Order 1976 to give effect to the High Court ruling in Northern Ireland. The Regulations came into operation on 6 April 2008. It should be noted that the amendments made by regulation 5 (exception relating to terms and conditions of employment during maternity leave) only apply in relation to a case where a woman’s expected week of childbirth begins on or after 5 October 2008. This provides time for business to prepare for this change. The Department for Employment and Learning will be making consequential amendments to the Maternity and Parental Leave etc Regulations (Northern Ireland) 1999 and it expects to bring these into operation in October this year, also applying to employees with an expected week of childbirth beginning on or after 5 October 2008.OFMDFM produced an information note about the changes to the provisions on harassment and pregnancy and maternity leave discrimination in April 2008.
