Does the Equality Act apply to Northern Ireland?
You’ve probably heard of the Equality Act 2010, which applies to Great Britain (England, Scotland and Wales) – we often mention it in our articles.
However, if you’re an employee based in Northern Ireland and you have a dispute with your employer, The Equality Act 2010 might not cover you.
Employment law in NI is a devolved matter, meaning the Northern Ireland Assembly has the power to create and amend laws specific to Northern Ireland. NI equality law is not collated into one single Act. Rather, it includes:
- Employment Equality (Repeal of Retirement Age) Regulations (Northern Ireland) 2011
- Employment Equality (Age) Regulations (Northern Ireland) 2006
- Civil Partnership Act 2004
- Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
- The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004
- Sex Discrimination (Gender Reassignment) Regulations (Northern Ireland) 1999
- Fair Employment and Treatment (Northern Ireland) Order 1998
- Race Relations (Northern Ireland) Order 1997
- Sex Discrimination (Northern Ireland) Order 1976 (as amended)
- Equal Pay Act (Northern Ireland) 1970
About the Equality Act 2010
Remember, this applies to England, Scotland and Wales.
The Equality Act 2010 identifies nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
It prohibits various forms of discrimination, including:
- Direct discrimination: Treating someone less favourably because of a protected characteristic
- Indirect discrimination: Having a rule or policy that applies to everyone but disadvantages those with a protected characteristic
- Harassment: Unwanted conduct related to a protected characteristic that creates a hostile environment
- Victimisation: Treating someone badly because they have complained about discrimination
If you believe you have been discriminated against at work, you can make a claim to the employment tribunal.
NI and GB equality law: A brief comparison
Northern Ireland’s various laws aim for similar outcomes as GB’s Equality Act 2010, but there can be differences in definitions and language, such as the way the words “sex,” “man,” and “woman” are defined.
NI employees have protection against political discrimination which makes discrimination on the grounds of religious and/or political beliefs claims possible – this doesn’t apply to the rest of the UK.
However, employees in NI have slightly less protection against discrimination and harassment than people in the rest of the UK. For example, there is no equivalent to the protection against unfavourable treatment connected to disability that’s in section 15, Equality Act 2010.
Some EU protections related to equality are still in effect in Northern Ireland due to the Windsor Framework. The Windsor Framework aims to resolve practical issues arising from the Northern Ireland Protocol while preserving the key principles of the Good Friday Agreement.
On the other hand, the Equality Act 2010 does apply in Northern Ireland in cases of offshore work and women-only shortlists.
In short, if your claim is about equal opportunities or discrimination, it’s likely to be handled by the Northern Ireland Assembly, not the UK Parliament.
The law is complex. There is talk of reform, to make protections clearer and more consistent. Meanwhile, it’s a real patchwork!
That’s just one reason why it’s important to choose an employment lawyer with specialist experience of dealing with cases in Northern Ireland.
About Paul Doran Law
Paul Doran – Director
Established in 2013, we specialise in employment law. Paul Doran is the Director of the firm (see right). He qualified in 2008.
We’re based in Glengormley which is just outside Belfast, Co Antrim, Northern Ireland. We also have offices in London, Leeds and Gateshead, Tyne & Wear. Our solicitors are admitted to the roll in England and Wales and we can act for clients in the Employment Tribunals in Northern Ireland and Scotland.
That means it doesn’t matter where you’re based in the UK, we have the expertise to help you.
We are authorised and regulated by the Solicitors Regulation Authority, SRA number: 615380. This reassures you that we meet the high standards set by the SRA, and that we hold insurance to protect you if anything goes wrong.
Employment law unique to NI
As stated above, Northern Ireland’s equality laws remain spread across several different sets of regulations. Here are some of the other key differences:
Laws that apply to GB but not NI
- The Trade Union Act 2016 is not in force in Northern Ireland
- The 2014 changes to TUPE that were made in the rest of the United Kingdom were not made in Northern Ireland
- The Deduction from Wages (Limitation) Regulations 2014 are not in force in Northern Ireland
- The “protected conversation” regime under section 111A Employment Rights Act 1996 does not apply in Northern Ireland
Laws that apply to NI but not GB
- Northern Ireland has a statutory minimum discipline and grievance procedure
- Collective redundancy consultation period is set at 90 days where over 100 redundancies are proposed
- Northern Ireland has specific laws protecting people from workplace discrimination based on political beliefs, enforced by the Fair Employment Tribunal
- Gender pay gap regulations are not yet in force. When they are implemented, they are expected to be more robust than in the rest of the UK. Information will have to be broken down by sex, ethnicity and disability, and employers will have to provide an action plan to eliminate gender pay differences
There have never been Employment Tribunal fees in Northern Ireland. Fees were payable between 2013-2017 in GB, but were subsequently refunded.
What this means to you
Wherever you are in the UK, if you’ve been mistreated at work, we can help. The initial conversation is free and without obligation. We’ll let you know what to do next, your chances of winning at the employment tribunal, and how much you’re likely to be awarded.
Note that we only act for employees, never for employers.
We look forward to hearing from you soon.
Related reading
For more on the subject of the Equality Act in Northern Ireland, please see our related articles:
- The discrimination act in Northern Ireland
- Expert tips on choosing your Northern Ireland employment lawyer
- Why an expert Belfast-based lawyer is a good choice
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