Section 6 Complaints involving matters within the jurisdiction of employment tribunal.F11

Northern Ireland

(1)

This section applies where a complaint has been made to the Tribunal under Part III of the M1Fair Employment (Northern Ireland) Act 1976 and it appears to the President or Vice-President that the complaint is one in respect of which—

(a)

a complaint could be made to an F1employment tribunal on the ground that—

(i)

the complainant has been unfairly dismissed within the meaning of F2Part XI of the Employment Rights (Northern Ireland) Order 1996., or

(ii)

a person has committed an act of discrimination against the complainant which is unlawful by virtue of Part III of the Sex Discrimination (Northern Ireland) Order 1976, or

F3(iii)

a person has committed an act of discrimination against the complainant which is unlawful by virtue of Part II of the Race Relations (Northern Ireland) Order 1997; or

(b)

a complaint has been made to an employment tribunal on that ground, but the proceedings under the F4Employment Rights (Northern Ireland) Order 1996 or the M2Sex Discrimination (Northern Ireland) Order 1976 F5or the Race Relations (Northern Ireland) Order 1997have not been disposed of.

(2)

Where this section applies and the President or Vice-President considers that any matters which would otherwise fall to be determined by an employment tribunal could appropriately be heard and determined by the Tribunal, he may direct that those matters shall be so heard and determined.

F6(3)

Where a direction is made under subsection (2) that any matters shall be heard and determined by the Tribunal, then—

(a)

for the purpose of complying with that direction, the Tribunal shall, in relation to those matters, have the jurisdiction, and may exercise all the powers, of an employment tribunal;

F7none of the following, namely—

(i)

Article 63(3) of the Sex Discrimination (Northern Ireland) Order 1976;

(ii)

Article 11(5) of the Industrial Tribunals (Northern Ireland) Order 1996;

(iii)

Article 52(3) of the Race Relations (Northern Ireland) Order 1997,

shall apply in relation to the hearing and determination of those matters by the Tribunal.

(c)

F8Articles 16 and 17 of the Industrial Tribunals (Northern Ireland) Order 1996 (recovery of, and interest on, sums awarded by F9employment tribunals) shall apply in relation to any sum payable in pursuance of a decision of the Tribunal in relation to any such matters as it applies in relation to a sum payable in pursuance of a decision of an industrial tribunal; and

(d)

F10Article 22 of the Industrial Tribunals (Northern Ireland) Order 1996 (appeals against decisions of employment tribunals) shall apply in relation to a decision of the Tribunal in relation to any such matters as it applies in relation to a decision of an employment tribunal.

Annotations

Textual amendments

F1: Words in s. 6 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2: Words in s. 6(1)(a)(i) substituted (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 255, Sch. 1 (with Sch. 2)
F3: S. 6(1)(a)(iii) added (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 3(1)(a); S.R. 1997/273, art. 2
F4: Words in s. 6(1)(b) substituted (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 255, Sch. 1 (with Sch. 2)
F5: Words in s. 6(1)(b) inserted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 3(1)(b); S.R. 1997/273, art. 2
F6: S. 6(3) substituted (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 106(3); S.R. 1992/212, art. 2(3).
F7: Words in s. 6(3)(b) substituted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 3(2); S.R. 1997/273, art. 2
F8: Words in s. 6(3)(c) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 7(2)
F9: Words in s. 6 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F10: Words in s. 6(3)(d) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 7(3)
F11: Words in crossnote substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal citations

M1: 1976 c. 25.
M2: S.I.1976/1042 (N.I. 15).

Notes on the whole Act

Textual amendments

F1: Act repealed (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(4), Sch. 5 (subject to savings in art. 105(2), Sch. 4 para. 6); S.R. 1999/81, art. 3(1)