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The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020

S.R. 2020/3 · Made 3 January 2020 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 12 December 2024.

Employment

Industrial Tribunals

Fair Employment

Made 3rd January 2020

Coming into operation 27th January 2020

The Department for the Economyf1, in exercise of the powers conferred by Article 26(1) of the Health and Safety at Work (Northern Ireland) Order 1978f2, Articles 3(1) and (3)f3, 6(6)f4 and (6A)f5, 9(1), (3)f6, (3ZA)f7, (3A), (3AA), (3AB)f8, (3B), (3C)f9 and (5), 9A(1) and (2)f10, 11(1)f11, (2) and (4)f12, 12(2), (5), (6) and (7), 12A(1)f13, 13(1) and (1B)f14, 14(2), 15f15, 15Af16, 21f17, 21A(9)f18 and 25(5) of the Industrial Tribunals (Northern Ireland) Order 1996f19, and Articles 81f20, 82(5)f21 and (7), 84(1), (2)f22, (2A)f23, (2B)f24, (3) and (5), 84Af25, 84B(1) and (2)f26, 85A, 85Bf27, 88A(9)f28 and 104(3) of the Fair Employment and Treatment (Northern Ireland) Order 1998f29, and now vested in itf30, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2016 c. 5 (N.I.).

f2

S.I. 1978/1039 (N.I. 9); Article 26 was modified by S.I. 1984/1159 (N.I. 9), Schedule 4; its interpretation was modified by S.R. 2000 No. 87, regulation 2; S.R. 2000 No. 120, regulation 19; and 2002 c. 8 (N.I.), s. 1.

f3

Article 3(3) was amended by the Employment Act (Northern Ireland) 2016 (c. 15), section 11.

f4

Article 6(6) was amended by S.I. 1998/1265 (N.I. 8), Schedule 1, paragraph 16(3).

f5

Article 6A was inserted by S.I. 1998/1265 (N.I. 8), Article 4(5).

f6

Article 9(3)(f) was modified by S.I. 2003/2902 (N.I. 15), Article 3(1).

f7

Article 9(3ZA) was inserted by S.I. 2003/2902 (N.I. 15), Article 4.

f8

Article 9(3AA) and (3AB) was inserted by 2011 c. 13 (N.I.), section 5.

f9

Article 9(3A), (3B) and (3C) was inserted by S.I. 1998/1265 (N.I. 8), Article 3 and Article 9(3A) was modified by S.I. 2003/2902 (N.I. 15), Article 5.

f10

Article 9A was inserted by S.I. 2003/2902 (N.I. 15), Article 6.

f11

Article 11(1)(a) is amended by S.I. 2003/2902 (N.I. 15), Article 7(2), from a date to be appointed.

f12

Article 11(2)(a) was amended by S.R. 2004 No. 157.

f13

Article 12 was substituted and Article 12A inserted by S.I. 1999/2790 (N.I. 9), Schedule 8, paragraph 3; Article 12(6) was amended by S.I. 2004/3078 (N.I. 19), Article 17.

f14

Article 13(1) was substituted and Article 13(1B) inserted by 2011 c. 13 (N.I.), s. 6(3).

f15

Article 15(1) was substituted by and Article 15(1A), (1B) and (1C) inserted by S.I. 2003/2902 (N.I. 15), Article 8(1); Article 15(2) was amended by S.I. 1999/2790 (N.I. 9), Schedule 9.

f16

Article 15A was inserted by S.I. 2003/2902 (N.I. 15), Article 8(2).

f17

Article 21 was modified by S.I. 2003/2902 (N.I. 15), Article 3(3) and (4), paragraph 3 of Schedule 5 and Schedule 6.

f18

Article 21A was inserted by 2011 c. 13 (N.I.), section 10.

f19

S.I. 1996/1921 (N.I. 18).

f20

Article 81(1) was amended by S.I. 2003/2902 (N.I. 15), Schedule 5, paragraph 4(3).

f21

Article 82(5) was amended by 2016 c. 15(N.I.) , section 12.

f22

Article 84(2) was amended by S.I. 2003/2902 (N.I. 15), Articles 9(2), 13(2) and 14(2) and Schedule 6.

f23

Article 84(2A) was inserted by S.I. 2003/2902 (N.I. 15), Article 9(1).

f24

Article 84(2B) was inserted by S.I. 2003/2902 (N.I. 15), Article 10(1).

f25

Article 84A was inserted by S.I. 2003/2902 (N.I. 15), Article 12.

f26

Article 84B was inserted by S.I. 2003/2902 (N.I. 15), Article 13(1).

f27

Articles 85A and 85B were inserted by S.I. 2003/2902 (N.I. 15), Article 14(1).

f28

Article 88A was inserted by 2011 c. 13 (N.I.), section 14.

f29

S.I. 1998/3162 (N.I. 21).

f30

Functions relevant to these regulations were transferred from the Department for Employment and Learning by S.R. 2016 No. 76, Article 6(1)(c).

Contents

  1. 1Citation and commencement
  2. 2Revocations and consequential amendments
  3. 3Interpretation
  4. 4Industrial Tribunals
  5. 5The Fair Employment Tribunal for Northern Ireland
  6. 6Composition of tribunals
  7. 7Appointment of panel members
  8. 8Specialist panels: specialist knowledge
  9. 9Specialist panels: national security proceedings
  10. 10Composition of individual tribunals: general
  11. 11Composition of individual tribunals: specialist knowledge
  12. 12Composition of individual tribunals: national security proceedings
  13. 13Responsibilities of the President and the Vice-President
  14. 14Practice directions
  15. 15Power to prescribe
  16. 16Register
  17. 17Application of Schedules 1 to 3
  18. 18Transitional provisions
  19. Signature
  20. Schedule 1: THE INDUSTRIAL TRIBUNALS AND FAIR EMPLOYMENT TRIBUNAL RULES OF PROCEDURE 2020
  21. Part 1: INTRODUCTORY AND GENERAL
  22. 1Interpretation
  23. 2Overriding objective
  24. 3Alternative dispute resolution and the role of the Agency
  25. 4General power to regulate procedure
  26. 5Time
  27. 6Extending or shortening time
  28. 7Irregularities and non-compliance
  29. 8Presidential guidance
  30. Part 2: STARTING A CLAIM
  31. 9Presenting the claim
  32. 10Multiple claimants
  33. 11Rejection
  34. 12Reconsideration of rejection
  35. 13Protected disclosure claims: notification to a regulator
  36. Part 3: TRIBUNAL’S ACTIONS ON RECEIVING THE CLAIM
  37. 14Sending claim form to respondents
  38. Part 4: THE RESPONSE TO THE CLAIM
  39. 15Presenting the response
  40. 16Rejection
  41. 17Reconsideration of rejection
  42. 18Applications for extension of time for presenting response
  43. 19Effect of non-presentation or rejection of response or case not being contested
  44. 20Notification of acceptance
  45. Part 5: EMPLOYER’S CONTRACT CLAIMS
  46. 21Making an employer’s contract claim
  47. 22Notification of employer’s contract claim
  48. 23Responding to an employer’s contract claim
  49. Part 6: CASE MANAGEMENT ORDERS AND OTHER POWERS
  50. 24Early case management
  51. 25Case management orders
  52. 26Applications for case management orders
  53. 27Documents and evidence
  54. 28Addition, substitution and removal of parties
  55. 29Other persons
  56. 30Lead cases
  57. 31Consolidation of industrial tribunal and Fair Employment Tribunal proceedings
  58. 32Striking out
  59. 33Unless orders
  60. 34Deposit orders
  61. Part 7: RULES COMMON TO ALL KINDS OF HEARING
  62. 35General conduct of hearings
  63. 36Written representations
  64. 37Witnesses
  65. 38Inspection of witness statements
  66. 39Timetabling
  67. 40Electronic communication
  68. 41Non-attendance
  69. 42Conversion from preliminary hearing to final hearing and vice versa
  70. 43Majority decisions
  71. 44Privacy and restrictions on disclosure
  72. Part 8: WITHDRAWAL OF A CLAIM
  73. 45End of claim
  74. 46Dismissal following withdrawal
  75. Part 9: PRELIMINARY HEARINGS
  76. 47Scope of preliminary hearings
  77. 48Fixing of preliminary hearings
  78. 49Constitution of tribunal for preliminary hearings
  79. 50When preliminary hearings shall be in public
  80. Part 10: FINAL HEARING
  81. 51Scope of final hearing
  82. 52Notice of final hearing
  83. 53Constitution of tribunal for final hearings
  84. 54When final hearing shall be in public
  85. Part 11: JUDGMENTS, CASE MANAGEMENT ORDERS AND REASONS
  86. 55Judgments and case management orders made without a hearing
  87. 56Judgments and case management orders made at or following a hearing
  88. 57Reasons
  89. 58Absence of employment judge
  90. 59Consent orders and judgments
  91. 60When a judgment or order takes effect
  92. 61Entry of judgments and reasons in the register
  93. 62Copies of judgment for referring court
  94. 63Correction of clerical mistakes and accidental slips
  95. Part 12: RECONSIDERATION OF JUDGMENTS
  96. 64Reconsideration of judgment
  97. 65Reconsideration on tribunal’s own initiative
  98. 66Application for reconsideration
  99. 67Consideration of the application
  100. 68Reconsideration of the original decision
  101. 69Unavailability of employment judge or tribunal
  102. 70Outcome of reconsideration
  103. Part 13: COSTS, PREPARATION TIME AND WASTED COSTS ORDERS
  104. 71Definitions
  105. 72Costs orders and preparation time orders
  106. 73When a costs order or a preparation time order may or shall be made
  107. 74Procedure
  108. 75The amount of a costs order
  109. 76The amount of a preparation time order
  110. 77When a wasted costs order may be made
  111. 78Effect of a wasted costs order
  112. 79Procedure for making a wasted costs order
  113. 80Allowances
  114. 81Ability to pay
  115. Part 14: DELIVERY OF DOCUMENTS
  116. 82Delivery to the tribunal
  117. 83Delivery to parties
  118. 84Delivery to non-parties
  119. 85Special cases
  120. 86Substituted service
  121. 87Date of delivery
  122. 88Situations in which a document may be treated as delivered
  123. 89Correspondence with the tribunal: copying to other parties
  124. Part 15: MISCELLANEOUS
  125. 90Conciliation: recovery of sums payable under compromises
  126. 91National security proceedings: industrial tribunals
  127. 92National security proceedings: Fair Employment Tribunal
  128. Part 16: OTHER PROCEEDINGS
  129. 93Interim relief proceedings
  130. 94Proceedings involving the Northern Ireland National Insurance Fund
  131. 95Collective agreements
  132. 96Devolution issues
  133. 97References to the Court of Justice of the European Union
  134. 98Transfer of proceedings from a court
  135. 99Vexatious litigants
  136. 100Provision of information to the Commission
  137. 101Application of this Schedule to levy appeals
  138. 102Application of this Schedule to appeals against improvement and prohibition notices
  139. 103Application of this Schedule to appeals against directions, non-discrimination notices and notices of refusal
  140. 104Application of this Schedule to applications for enforcement of an undertaking or directions
  141. Schedule 2: THE INDUSTRIAL TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE 2020
  142. 1Application of Schedule 2
  143. 2Serving of documents
  144. 3Witness orders and disclosure of documents
  145. 4Special advocate
  146. 5Hearings
  147. 6Reasons in national security proceedings
  148. Schedule 3: THE INDUSTRIAL TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE 2020
  149. 1Application of Schedule 3
  150. 2General power to manage proceedings
  151. 3Conduct of stage 1 equal value hearing
  152. 4Standard orders for stage 1 equal value hearing
  153. 5Involvement of independent expert in fact finding
  154. 6Conduct of stage 2 equal value hearing
  155. 7Standard orders for stage 2 equal value hearing
  156. 8Final hearing
  157. 9Duties and powers of the independent expert
  158. 10Use of expert evidence
  159. 11Written questions to experts
  160. 12Procedural matters
  161. 13National security proceedings
  162. ANNEXThe indicative timetable
  163. Schedule 4: REVOCATION AND CONSEQUENTIAL AMENDMENTS
  164. 1Revocation
  165. Part 2: Consequential amendments
  166. 1Paragraph 1
  167. 2Paragraph 2
  168. 3Paragraph 3
  169. 4Paragraph 4
  170. 5Paragraph 5
  171. 6Paragraph 6
  172. 7Paragraph 7
  173. 8Paragraph 8
  174. 9Paragraph 9
  175. 10Paragraph 10
  176. 11Paragraph 11
  177. 12Paragraph 12
  178. 13Paragraph 13
  179. 14Paragraph 14
  180. Explanatory note