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Early Conciliation
The Labour Relations Agency provides an Early Conciliation service following a change in NI employment law which took effect on 27 January 2020. This service helps to resolve workplace disputes in a legally binding way, without the need to take a case to the Industrial or Fair Employment Tribunal. Click below for more information or to make an Early Conciliation notification.
The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
No 102 The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014
These Regulations come into operation from 1/4/14 and effectively implement Article 8 of the European Directive 2010/41/EU. It provides an entitlement to maternity allowance of 14 weeks for women who participate in their spouse’s or civil partner’s self employed business, but for which they receive no income.
193 Employment Rights (Time off for Study or Training) Regulations (Northern Ireland) 2000
These Regulations set out the standard of achievement which is prescribed for the purposes of the Employment Rights (Northern (Ireland) Order 1996.
No 149 The Maternity Allowance (Curtailment) Regulations (Northern Ireland) 2015
These Regulations enable a woman to end her Maternity Allowance early so that an eligible person (a spouse, civil partner, partner or the child’s father) can take the remaining number of untaken weeks of Maternity Allowance as shared parental pay and/or shared parental leave.
The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020
This Order amends Article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996. Article 20(1) lists the proceedings which are “relevant proceedings” for the purposes of Early Conciliation and other conciliation services provided by the Labour Relations Agency. The amendments made by this Order update the list of jurisdictions in Article 20(1).
The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
These Regulations and Rules of Procedure establish requirements in relation to proceedings before industrial tribunals (ITs) and the Fair Employment Tribunal (FET). They revoke and replace earlier regulations and rules which separately dealt with these tribunals. The 2020 Regulations provide a revised and consolidated text for the rules and procedures of the industrial tribunals and the Fair Employment Tribunal while simplifying language and structure, being consistent with better regulation principles. The 2020 Regulations also take account of the introduction of Early Conciliation; in particular setting out the implications arising from the adherence, or non-adherence, to the requirements of Early Conciliation.
Trade unions
The Industrial Relations (Northern Ireland) Order 1992 defines a trade union as “an organisation (whether permanent or temporary) which … consists wholly or mainly of workers of one or more descriptions and is an organisation whose principal purposes include the regulation of relations between workers … and employers or employers’ associations.
No 95 The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and enable an expectant mother or a mother on maternity leave, or an adopter or a prospective adopter to give notice to end her/his relevant entitlement on a specific future date.
Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.