Introductory text

Employment

Made 26th July 2012

Coming into operation 27th September 2012

Whereas:

(1)

Under Article 84A(1) of the Industrial Relations (Northern Ireland) Order 1992^f1 (“the 1992 Order”) the Labour Relations Agency (“the Agency”) may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before an industrial tribunal under, or arising out of a contravention or alleged contravention of—

(a)

Article 112G(1) or Article 112H(1)(b) of the Employment Rights (Northern Ireland) Order 1996^f2 (flexible working);

(b)

Part XI of that Order (unfair dismissal);

(c)

any statutory provision specified in an order made by the Department for Employment and Learning^f3 (“the Department”);

(2)

The Department has made the Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012^f4 specifying certain statutory provisions;

(3)

Under Article 89(1) of the Fair Employment and Treatment (Northern Ireland) Order 1998^f5 (“the 1998 Order”) the Agency may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before the Fair Employment Tribunal for Northern Ireland;

(4)

In pursuance of Article 84A(1) of the 1992 Order and Article 89(1) of the 1998 Order, the Agency has prepared an arbitration scheme for cases referred to in paragraphs (1)(a) and (b), (2) and (3);

(5)

In pursuance of Article 84A(2) of the 1992 Order and Article 89(2) of the 1998 Order, the Agency has submitted a draft of the scheme to the Department which has approved the scheme:

Now, therefore, the Department, in exercise of the powers conferred by Article 84A(2), (6), (7) and (8) of the 1992 Order and Article 89(2) and (6) of the 1998 Order, and now vested in it^f6, makes the following Order:

Annotations

Footnotes

f1: S.I. 1992/807 (N.I. 5); Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and amended by paragraph 3 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))
f2: S.I. 1996/1919 (N.I. 16); Articles 112G and 112H were inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))
f3: Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)
f4: S.R. 2012 No. 302
f5: S.I. 1998/3162 (N.I. 21)
f6: See S.R. 1999 No. 481 Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999