Northern Ireland
Overview
Please review the information below and then return to the workplace harassment prevention course.
Applicable Laws
The primary national laws and regulations prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- Employment Equality (Age) Regulations (NI) 2006
- Disability Discrimination Act 1995
- Sex Discrimination (NI) Order 1976
- Race Relations (NI) Order 1997
- Fair Employment & Treatment (NI) Order 1998
- Employment Equality (Sexual Orientation) Regulations (NI) 2003
- Equality Act (Sexual Orientation) Regulations (NI) 2006
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Northern Ireland.
- Religious belief or political opinion (which can include a philosophical belief)
- Race
- Sex (including pregnancy, marital or civil partner status or gender reassignment)
- Sexual orientation
- Disability
- Age
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment arises when someone does something that is unwanted, related to a protected characteristic and which, to a reasonable person, has the purpose or effect of:
- violating the employee’s dignity, or
- creating an intimidating, hostile, degrading, humiliating or offensive work environment.
Sexual harassment
Sexual harassment arises when someone does something that is unwanted, of a sexual nature and that, to a reasonable person, has the purpose or effect of:
- violating the employee’s dignity, or
- creating an intimidating, hostile, degrading, humiliating or offensive work environment.
Filing a Claim In Northern Ireland
A claim for employment discrimination or harassment based on a protected characteristic may be made to an employment tribunal or in court.
Potential Remedies
An employee who has experienced discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress the unlawful conduct. Potential remedies are listed below.
- A declaration of the rights of the parties
- Reimbursement of costs
- Compensation for any loss suffered (including for injury to feelings, lost earnings, personal injury or aggravated damages)
- Recommendations to benefit the wider workforce and not just the claimant
Victimisation Prohibited
It is unlawful for an employer to engage in victimisation as to an employee who makes a claim or allegation as to discrimination or harassment or assists someone else to make such a claim or allegation.