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Legislation
Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

Part IV Other unlawful acts

  • Section 33 Discriminatory advertisements.
  • Section 34 Accessories and incitement.
  • Section 35 Liability of employers and principals.
  • Section 36 Enforcement of s. 33.
  1. Part IV · Other unlawful acts
  2. Accessories and incitement.

Section 34 | Accessories and incitement.

From legislation.gov.uk

(1)Any person who—

(a)knowingly aids or incites, or

(b)directs, procures or induces,

another to do an act which is unlawful by virtue of Part III or section 33 shall be treated for the purposes of this Act as if he, as well as that other, had done that act.

(2)For the purposes of subsection (1) an employee or agent for whose act the employer or principal is liable under section 35 (or would be so liable but for section 35(3)) shall be deemed to aid the doing of the act by the employer or principal.

(3)A person does not under this section knowingly aid another to do an unlawful act if—

(a)he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Act, the act which he aids would not be unlawful, and

(b)it is reasonable for him to rely on the statement.

(4)A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.F1

(5)An inducement consisting of an offer of benefit or a threat of detriment is not prevented from falling within subsection (1) because the offer or threat was not made directly to the person in question.

Notes

  1. F1

    Words substituted by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

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