No 191 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016
The Statutory Rule comes into operation on 2/5/16 and amends the Sex Discrimination (Northern Ireland) Order 1976 (the "1976 Order") to comply with EU Pilot file 4853/13/JUST concerning the transposition of Council Directive 2006/54/EC in Northern Ireland ("the Recast Directive").
The Recast Directive implements the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. The Statutory Rule substitutes Article 3 of the 1976 Order to create a new single definition of direct discrimination which applies to all provisions of the 1976 Order. The new definition of direct discrimination is broadened to provide protection from discrimination based on association or perception. This effectively addresses the issue of "one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation" rather than the pre-existing “on grounds of her sex”. The Statutory Rule inserts a new Article 3A in the 1976 Order to create a single definition of indirect discrimination which applies to all provisions of the 1976 Order. The Statutory Rule also inserts a new Article 4B in the 1976 Order to provide protection from indirect discrimination on the ground of gender reassignment in matters of employment and occupation. The Statutory Rule makes consequential amendments to the 1976 Order and to Article 3(3) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990. It also contains a transitional provision to deal with cases before the court at the time of the commencement of the Statutory Rule.