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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 507 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2007
This Order amends the 2004 Order of the same name by amending those specified persons or bodies as public authorities for certain purposes under the Fair Employment and Treatment (NI) Order 1998.
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.
No. 68 The Local Government Reorganisation (Compensation for Loss of Employment) Regulations (Northern Ireland) 2015
These Regulations come into operation on 1/4/15 and the purpose of the Regulations is to provide new councils with the mechanism in which to compensate those persons who suffer loss of employment due to local government reorganisation.
Who is an employee?
There are differences between ‘employees’, ‘workers’ and ‘contractors’. These differences in status can affect rights and responsibilities in the workplace.
No 162 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 151) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 579.
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.
No.395 Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005
These Regulations revolve the 1982 Regulations of the same name Associated Regulations.
148 Fair Employment (Monitoring) Regulations (Northern Ireland) 1999
These Regulations revoke and remake (with amendments) the provisions of the Fair Employment (Monitoring) Regulations (Northern Ireland) 1989.
475 Employment Rights (1996 Order) (Residuary Commencement No. 1) Order (Northern Ireland) 1996
This Order provides for various Articles with the Employment Rights (Northern Ireland) Order 1996 relating to employment rights of trustees of occupational pension schemes and associated amendments.