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

Where a party sends a communication to the tribunal (except an application for an order requiring a person to attend a hearing under rule 27(1)(a)(iii)) that party shall send a copy to all other parties and state that it has done so (by use of “cc” or otherwise) including the date and means of delivery. The tribunal may order a departure from this rule where it considers it in the interests of justice to do so.

PART 15 — MISCELLANEOUS

Conciliation: recovery of sums payable under compromises

90

• (1) A party may apply for a declaration under Article 21A(4) of the Industrial Tribunals Order or Article 88A(4) of the Fair Employment and Treatment Order that a sum payable under the terms of a compromise is not recoverable under the general law of contract.

• (2) The application, which must be made within 14 days of the date of issue of the certificate stating that a compromise has been reached, shall be considered by an employment judge.

National security proceedings: industrial tribunals

91

• (1) Where in relation to particular Crown employment proceedings before an industrial tribunal the Secretary of State considers that it would be expedient in the interests of national security, the Secretary of State may direct a tribunal to—

• (a) conduct all or part of the proceedings in private;

• (b) exclude a person from all or part of the proceedings;

• (c) take steps to conceal the identity of a witness in the proceedings.

• (2) Where an industrial tribunal considers it expedient in the interests of national security, it may order—

• (a) in relation to particular proceedings (including Crown employment proceedings), anything which can be required to be done under paragraph (1);

• (b) a person not to disclose any document (or the contents of any document), where provided for the purposes of the proceedings, to any other person (save for any specified person),

and any order so made shall be kept under review by the tribunal.

• (3) Where the tribunal considers that it may be necessary to make an order under paragraph (2) in relation to particular proceedings (including Crown employment proceedings), the tribunal may consider any material provided by a party (or where the Secretary of State is not a party, by the Secretary of State) without providing that material to any other person. Such material shall be used by the tribunal solely for the purposes of deciding whether to make that order (unless that material is subsequently used as evidence in the proceedings by a party).

• (4) Where the Secretary of State considers that it would be appropriate for the tribunal to make an order under paragraph (2), the Secretary of State may make an application for such an order.

• (5) Where the Secretary of State has made an application under paragraph (4), the tribunal may order—

• (a) in relation to the part of the proceedings preceding the outcome of the application, anything which can be required to be done under paragraph (1);

• (b) a person not to disclose any document (or the contents of any document) to any other person (save for any specified person), where provided for the purposes of the proceedings preceding the outcome of the application.

• (6) Where the Secretary of State has made an application under paragraph (4) for an order to exclude any person from all or part of the proceedings, the Secretary shall not send a copy of the response to that person, pending the decision on the application.

• (7) If before the expiry of the time limit in rule 15(1)(b) the Secretary of State makes a direction under paragraph (1) or makes an application under paragraph (4), the Secretary of State may apply for an extension of that time limit.

• (8) A direction under paragraph (1) or an application under paragraph (4) may be made irrespective of whether the Secretary of State is a party.

• (9) Where having considered making an order under paragraph (2) the tribunal decides not to do so, rule 6 of Schedule 2 shall apply to the reasons given by the tribunal under rule 57 for that decision, save that the reasons shall not be entered on the register.

• (10) The tribunal must ensure that in exercising its functions, information is not disclosed contrary to the interests of national security.

National security proceedings: Fair Employment Tribunal

92

Where the Fair Employment Tribunal considers it expedient in the interests of national security, it may order in relation to particular proceedings (including Crown employment proceedings) that all or part of the proceedings be conducted in private and any order so made shall be kept under review by the tribunal.

PART 16 — OTHER PROCEEDINGS

Interim relief proceedings

93

When a tribunal hears an application for interim relief under Article 163 of the Employment Rights Order or for its variation or revocation under Article 166 of that Order, rules 47 to 50 (preliminary hearings) apply and the tribunal shall not hear oral evidence unless it directs otherwise.

Proceedings involving the Northern Ireland National Insurance Fund

94

The Department shall be entitled to appear and be heard at any hearing in relation to proceedings which may involve a payment out of the Northern Ireland National Insurance Fund and shall be treated as a party for the purposes of these Rules.

Collective agreements

95

• (1) Where a claim includes a complaint under any of the statutory provisions listed in paragraph (2) relating to a term of a collective agreement, the following persons, whether or not identified in the claim, shall be regarded as the persons against whom a remedy is claimed and shall be treated as respondents for the purposes of these Rules—

• (a) the claimant’s employer (or prospective employer); and

• (b) every organisation of employers and organisation of workers, and every association of or representative of such organisations, which, if the terms were to be varied voluntarily, would be likely, in the opinion of an employment judge, to negotiate the variation.

An organisation or association shall not be treated as a respondent if the employment judge, having made such enquiries of the claimant and such other enquiries as the employment judge thinks fit, is of the opinion that it is not reasonably practicable to identify the organisation or association.

• (2) The statutory provisions are—

• (a) Article 77A(4A) of the Sex Discrimination (Northern Ireland) Order 1976[^f00039];

• (b) paragraph 5 of Schedule 3A to the Disability Discrimination Act 1995[^f00040];

• (c) Article 68B(1) of the Race Relations (Northern Ireland) Order 1997[^f00041];

• (d) Article 100B(1) of the Fair Employment and Treatment Order;

• (e) paragraph 5 of Schedule 4 to the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003[^f00042];

• (f) paragraph 5 of Schedule 4 to the Employment Equality (Age) Regulations (Northern Ireland) 2006[^f00043].

Devolution issues

96

• (1) In any proceedings involving a devolution issue as defined in paragraph 1 of Schedule 10 to the Northern Ireland Act 1998[^f00044], the Secretary shall as soon as practicable give notice of that fact and a copy of the claim form and response to each of the persons mentioned in paragraph 5 of that Schedule, unless they are a party to the proceedings.

• (2) A person to whom notice is sent may be treated as a party to the proceedings, so far as the proceedings relate to the devolution issue, if that person sends notice to the tribunal within 14 days of receiving a notice under paragraph (1).

• (3) Any notices sent under paragraph (1) or (2) must at the same time be sent to the parties.

References to the Court of Justice of the European Union

97

Where a tribunal decides to refer a question to the Court of Justice of the European Union for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union[^f00045], a copy of that decision shall be sent to the registrar of that court.

Transfer of proceedings from a court

98

Where proceedings are referred to a tribunal by a court, these Rules apply as if the proceedings had been presented by the claimant.

Vexatious litigants

99

The tribunal may on its own initiative or on application make a request that the Attorney General for Northern Ireland review documents or information for the purpose of determining whether it is appropriate to prepare an application under section 32 of the Judicature (Northern Ireland) Act 1978[^f00046] (restriction on institution of vexatious actions) and the tribunal shall provide any documents or information requested by the Attorney General for Northern Ireland for that purpose.

Provision of information to the Commission

100

• (1) The Secretary shall send to the Commission copies of all judgments, including any written reasons for such judgments, relating to proceedings under—

• (a) the Equal Pay Act (Northern Ireland) 1970[^f00047]

• (b) the Sex Discrimination (Northern Ireland) Order 1976;

• (c) the Sex Discrimination (Northern Ireland) Order 1988[^f00048]

• (d) the Disability Discrimination Act 1995;

• (e) the Race Relations (Northern Ireland) Order 1997;

• (f) the Fair Employment and Treatment Order;

• (g) the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003; or

• (h) the Employment Equality (Age) Regulations (Northern Ireland) 2006.

• (2) Paragraph (1) shall not apply in any proceedings where the Secretary of State has given a direction, or a tribunal has made an order, under rule 91 or 92 (national security); and either the Security Service, the Secret Intelligence Service or the Government Communications Headquarters is a party to the proceedings.

Application of this Schedule to levy appeals

101

For the purposes of an appeal against an assessment to a levy imposed under Article 23 of the Industrial Training (Northern Ireland) Order 1984[^f00049] (“a levy appeal”), references in this Schedule to a claim or claimant shall be read as references to a levy appeal or to an appellant in a levy appeal respectively.

Application of this Schedule to appeals against improvement and prohibition notices

102

• (1) A person (“the appellant”) may appeal an improvement notice under Article 23 of the Health and Safety Order or a prohibition notice under Article 24 of that Order by presenting a claim to the tribunal office before the end of the period of 21 days beginning with the date of the service on the appellant of the notice which is the subject of the appeal.

• (2) For the purposes of such an appeal, this Schedule shall be treated as modified in the following way—

• (a) references to a claim or claimant shall be read as references to an appeal or to an appellant in an appeal respectively;

• (b) references to a respondent shall be read as references to the inspector appointed under Article 21(1) of the Health and Safety Order who issued the notice which is the subject of the appeal.

• (3) For the purposes of this rule and its application to this Schedule, “Health and Safety Order” means the Health and Safety at Work (Northern Ireland) Order 1978[^f00050].

Application of this Schedule to appeals against directions, non-discrimination notices and notices of refusal

103

• (1) For the purposes of an appeal against directions, a non-discrimination notice or a notice of refusal, this Schedule shall be treated as modified in the following ways—

• (a) references to a claim or claimant shall be read as references to a notice of appeal or to an appellant in an appeal against directions, a non-discrimination notice or a notice of refusal respectively (as the case may require);

• (b) references to a respondent shall be read as references to the Commission.

• (2) For the purposes of this rule and its application to this Schedule—

• “directions” means directions given by the Commission under Article 12, 13, 14(4) or 57 of the Fair Employment and Treatment Order or substituted by the tribunal under Article 15 of that Order;

• “non-discrimination notice” means a notice under Article 67 of the Sex Discrimination (Northern Ireland) Order 1976, Article 55 of the Race Relations (Northern Ireland) Order 1997, Article 6 of the Equality (Disability, etc.) (Northern Ireland) Order 2000[^f00051] or regulation 37 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006[^f00052];

• “notice of refusal” means a notice served by the Commission under Article 62(7) or 63(5) of the Fair Employment and Treatment Order.

Application of this Schedule to applications for enforcement of an undertaking or directions

104

• (1) For the purposes of an application under Article 16(1) (enforcement of an undertaking or directions) or 16(7)(b) (enforcement of an order under Article 16(3)(a)) of the Fair Employment and Treatment Order—

• (a) any reference to a claim shall be read as a reference to an application;

• (b) any reference to a claimant shall be read as a reference to the Commission;

• (c) any reference to a respondent shall be read as a reference to the person who gave the undertaking, was given the directions or against whom an order was made (as the case may require).

• (2) For the purposes of an application under Article 16(8)(a) (to revoke or vary the terms of an order under Article 16(3)) of the Fair Employment and Treatment Order—

• (a) any reference to a claim shall be read as a reference to an application;

• (b) any reference to a claimant shall be read as a reference to the applicant;

• (c) any reference to a respondent shall be read—

• (i) if the applicant is the Commission, as a reference to the person against whom the order was made; and

• (ii) if the applicant is the person against whom the order was made, as a reference to the Commission.

• (3) For the purposes of this rule and its application to this Schedule—

• “directions” means directions given by the Commission under Articles 12, 13, 14 or 57 of the Fair Employment and Treatment Order or substituted by the Fair Employment Tribunal under Article 15 of that Order;

• “undertaking”, except for the purposes of rule 44(1)(c)(iii), means an undertaking given to the Commission under Article 12, 13 or 57 of the Fair Employment and Treatment Order,

and any reference to Article 15 or 16 of the Fair Employment and Treatment Order (appeals and legal proceedings in relation to undertakings and directions) includes reference to those provisions as they are applied for the purposes of Articles 57 and 58 by Article 59 of that Order.

SCHEDULE 2 — THE INDUSTRIAL TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE 2020

Application of Schedule 2

1

• (1) Subject to paragraph (2) this Schedule applies to industrial tribunal proceedings in relation to which a direction is given, or order is made, under rule 91 (national security) and modifies the rules in Schedule 1 in relation to such proceedings.

• (2) Rule 5 of this Schedule applies to both industrial tribunals and Fair Employment Tribunal proceedings.

• (3) Except where otherwise provided, references in this Schedule to rule numbers are to those in Schedule 1.

• (4) The definitions in rule 1 apply to terms in this Schedule and in this Schedule—

• “excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of a direction under rule 91(1)(b) or an order under rule 91(2)(a) (read with rule 91(1)(b)).

Serving of documents

2

The Secretary shall not send a copy of the response to any excluded person.

Witness orders and disclosure of documents

3

• (1) Where a person or their representative has been excluded under rule 91 from all or part of the proceedings and a tribunal is considering whether to make an order under rule 27(1)(a) (documents and evidence), the Secretary of State (whether a party to the proceedings or otherwise) may make an application to the tribunal objecting to that order. If such an order has been made, the Secretary of State may make an application to vary or set aside the order.

• (2) The tribunal shall hear and determine the Secretary of State’s application in private and the Secretary of State shall be entitled to address the tribunal.

Special advocate

4

• (1) The tribunal shall inform the Advocate General for Northern Ireland if a party becomes an excluded person.

• (2) The Advocate General for Northern Ireland may appoint a special advocate to represent the interests of a person in respect of those parts of the proceedings from which—

• (a) a person’s representative is excluded;

• (b) a person and their representative are excluded;

• (c) a person is excluded and is unrepresented.

• (3) A special advocate shall be—

• (a) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;

• (b) a person who has a right of audience in relation to any class of proceedings in any part of the Senior Courts of England and Wales or all proceedings in county courts or magistrates’ courts, or

• (c) an advocate or a solicitor admitted in Scotland.

• (4) An excluded person (where that person is a party) may make a statement to the tribunal before the commencement of the proceedings or the relevant part of the proceedings.

• (5) The special advocate may communicate, directly or indirectly, with an excluded person at any time before receiving material from the Secretary of State in relation to which the Secretary of State states an objection to disclosure to the excluded person (“closed material”).

• (6) After receiving closed material, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (7) or (9) or an order of the tribunal.

• (7) The special advocate may communicate about the proceedings with—

• (a) the tribunal;

• (b) the Secretary of State, or a representative of the Secretary of State;

• (c) the Advocate General for Northern Ireland, or a representative of the Advocate General for Northern Ireland;

• (d) any other person, except for an excluded person or a representative of that person, with whom it is necessary for administrative purposes to communicate about matters not connected with the substance of the proceedings.

• (8) The special advocate may apply for an order from the tribunal to authorise communication with an excluded person or with any other person and if such an application is made—

• (a) the Secretary must notify the Secretary of State of the request; and

• (b) the Secretary of State may, within a period specified by the tribunal present to the tribunal and serve on the special advocate notice of any objection to the proposed communication.

• (9) After the special advocate has received closed material, an excluded person may only communicate with the special advocate in writing and the special advocate must not reply to the communication, except that the special advocate may send a written acknowledgment of receipt.

• (10) References in these Regulations and Schedules 1 and 2 to a party shall include any special advocate appointed in particular proceedings, save that the references to “party” or “parties” in rules 3, 7(c), 20, 28, 30(2) and (3), the first reference in rule 32, 33 to 35, 41, 59, 71 to 81, 83, 94 and 96(3) shall not include the special advocate.

Hearings

5

Subject to any order under rule 44 (privacy and restrictions on disclosure) or any direction or order under rules 91 and 92 (national security), any hearing shall take place in public, and any party may attend and participate in the hearing.

Reasons in national security proceedings

6

• (1) The Secretary shall send a copy of the written reasons given under rule 57 to the Secretary of State and allow 42 days for the Secretary of State to make a direction under paragraph (3) before sending them to any party or entering them onto the register.

• (2) If the tribunal considers it expedient in the interests of national security, it may by order take steps to keep secret all or part of the written reasons.

• (3) If the Secretary of State considers it expedient in the interests of national security, the Secretary of State may direct that the written reasons—

• (a) shall not be disclosed to specified persons and require the tribunal to prepare a further document which sets out the reasons for the decision, but omits specified information (“the edited reasons”);

• (b) shall not be disclosed to specified persons and that no further document setting out the reasons for the decision should be prepared.

• (4) Where the Secretary of State has directed the tribunal to prepare edited reasons, the employment judge shall initial each omission.

• (5) Where a direction has been made under paragraph (3)(a), the Secretary shall—

• (a) send the edited reasons to the specified persons;

• (b) send the edited reasons and the written reasons to the relevant persons listed in paragraph (7) ; and

• (c) where the written reasons relate to a judgment, enter the edited reasons on the register but not enter the written reasons on the register.

• (6) Where a direction has been made under paragraph (3)(b), the Secretary shall send the written reasons to the relevant persons listed in paragraph (7), but not enter the written reasons on the register.

• (7) The relevant persons are—

• (a) the respondent or the respondent’s representative, provided that they were not specified in the direction made under paragraph (3);

• (b) the claimant or the claimant’s representative, provided that they were not specified in the direction made under paragraph (3);

• (c) any special advocate appointed in the proceedings; and

• (d) where the proceedings were referred to the tribunal by a court, to that court.

• (8) Where written reasons or edited reasons are corrected under rule 63, the Secretary shall send a copy of the corrected reasons to the same persons who had been sent the reasons.

SCHEDULE 3 — THE INDUSTRIAL TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE 2020

Application of Schedule 3

1

• (1) This Schedule applies to proceedings involving an equal value claim and modifies the rules in Schedule 1 in relation to such proceedings.

• (2) The definitions in rule 1 of Schedule 1 apply to terms in this Schedule and in this Schedule—

• “comparator” means the person of the opposite sex to the claimant in relation to whom the claimant alleges that his or her work is of equal value;

• “Equal Pay Act” means the Equal Pay Act (Northern Ireland) 1970[^f00053];

• “equal value claim” means a claim which rests upon entitlement to the benefit of an equality clause by virtue of the operation of section 1(2)(c) of the Equal Pay Act[^f00054];

• “the facts relating to the question” has the meaning in rule 6(1)(a);

• “independent expert” means a member of the panel of independent experts mentioned in section 2A(4)[^f00055] of the Equal Pay Act;

• “the question” means whether the claimant’s work is of equal value to that of the comparator; and

• “report” means a report required by a tribunal to be prepared in accordance with section 2A(1)(b)[^f00056] of the Equal Pay Act.

• (3) A reference in this Schedule to a rule is a reference to a rule in this Schedule unless otherwise provided.

• (4) A reference in this Schedule to “these rules” is a reference to the rules in Schedules 1 and 3 unless otherwise provided.

• (5) Any reference in the Rules to a tribunal applies to a tribunal comprising—

• (a) an employment judge acting alone;

• (b) an employment judge acting with one or two other members.

General power to manage proceedings

2

• (1) The tribunal may, subject to rules 3(1) and 6(1), order—

• (a) that no new facts shall be admitted in evidence by the tribunal unless they have been disclosed to all other parties in writing before a date specified by the tribunal (unless it was not reasonably practicable for a party to have done so);

• (b) the parties to send copies of documents or provide information to the independent expert;

• (c) the respondent to grant the independent expert access to the respondent’s premises during a period specified in the order to allow the independent expert to conduct interviews with persons identified as relevant by the independent expert;

• (d) when more than one expert is to give evidence in the proceedings, that those experts present to the tribunal a joint statement of matters which are agreed between them and matters on which they disagree.

• (2) In managing the proceedings, the tribunal shall have regard to the indicative timetable in the Annex to this Schedule.

Conduct of stage 1 equal value hearing

3

• (1) Where there is a dispute as to whether any work is of equal value (as mentioned in section 1(2)(c) of the Equal Pay Act) the tribunal shall conduct a hearing, which shall be referred to as a “stage 1 equal value hearing”, and at that hearing shall—

• (a) strike out the claim (or the relevant part of it) if in accordance with section 2A(2A)[^f00057] of the Equal Pay Act the tribunal must determine that the work of the claimant and the comparator are not of equal value;

• (b) determine the question or require an independent expert to prepare a report on the question;

• (c) if the tribunal has decided to require an independent expert to prepare a report on the question, fix a date for a further hearing, which shall be referred to as a “stage 2 equal value hearing”; and

• (d) if the tribunal has not decided to require an independent expert to prepare a report on the question, fix a date for the final hearing.

• (2) Before a claim or part is struck out under paragraph (1)(a), notice shall be sent to the claimant, who shall be allowed to make representations to the tribunal as to whether the evaluation contained in the study in question falls within paragraph (a) or (b) of section 2A(2A) of the Equal Pay Act. Such notice need not be sent if the claimant has been given an opportunity to make such representations orally to the tribunal.

• (3) The tribunal may, on the application of a party, hear evidence and submissions on the issue contained in section 1(3) of the Equal Pay Act (defence of a genuine material factor) before determining whether to require an independent expert to prepare a report under paragraph (1)(b).

• (4) The parties shall be given reasonable notice of the date of the stage 1 equal value hearing. The notice shall specify the matters that are to be, or may be, considered at the hearing and refer to the standard orders in rule 4.

Standard orders for stage 1 equal value hearing

4

• (1) At a stage 1 equal value hearing a tribunal shall, unless it considers it inappropriate to do so, order that—

• (a) before the end of the period of 14 days the claimant shall—

• (i) disclose in writing to the respondent the name of any comparator, or, if the claimant is not able to name the comparator, disclose information which enables the respondent to identify the comparator; and

• (ii) identify to the respondent in writing the period in relation to which the claimant considers that the claimant’s work and that of the comparator are to be compared;

• (b) before the end of the period of 28 days—

• (i) where the claimant has not disclosed the name of the comparator to the respondent under sub-paragraph (a) and the respondent has been provided with sufficient detail to be able to identify the comparator, the respondent shall disclose in writing the name of the comparator to the claimant;

• (ii) the parties shall provide each other with written job descriptions for the claimant and any comparator;

• (iii) the parties shall identify to each other in writing the facts which they consider to be relevant to the question;

• (c) the respondent shall grant access to the respondent’s premises during a period specified in the order to allow the claimant and his or her representative to interview any comparator;

• (d) the parties shall before the end of the period of 56 days present to the tribunal an agreed written statement specifying—

• (i) job descriptions for the claimant and any comparator;

• (ii) the facts which both parties consider are relevant to the question;

• (iii) the facts on which the parties disagree (as to the fact or as to the relevance to the question) and a summary of their reasons for disagreeing;

• (e) the parties shall, at least 56 days before the final hearing, disclose to each other, to any independent or other expert and to the tribunal written statements of any facts on which they intend to rely in evidence at the final hearing; and

• (f) the parties shall, at least 28 days before the final hearing, present to the tribunal a statement of facts and issues on which the parties are in agreement, a statement of facts and issues on which the parties disagree and a summary of their reasons for disagreeing.

• (2) The tribunal may add to, vary or omit any of the standard orders in paragraph (1).

Involvement of independent expert in fact finding

5

Where the tribunal has decided to require an independent expert to prepare a report on the question, it may at any stage of the proceedings, on its own initiative or on the application of a party, order the independent expert to assist the tribunal in establishing the facts on which the independent expert may rely in preparing the report.

Conduct of stage 2 equal value hearing

6

• (1) Any stage 2 equal value hearing shall be conducted by a tribunal and at the hearing the tribunal shall—

• (a) make a determination of facts on which the parties cannot agree which relate to the question and shall require the independent expert to prepare the report on the basis of facts which have (at any stage of the proceedings) either been agreed between the parties or determined by the tribunal (referred to as “the facts relating to the question”); and

• (b) fix a date for the final hearing.

• (2) Subject to paragraph (3), the facts relating to the question shall, in relation to the question, be the only facts on which the tribunal shall rely at the final hearing.

• (3) At any stage of the proceedings the independent expert may make an application to the tribunal for some or all of the facts relating to the question to be amended, supplemented or omitted.

• (4) The parties shall be given reasonable notice of the date of the stage 2 equal value hearing. The notice shall draw the attention of the parties to this rule and refer to the standard orders in rule 7.

Standard orders for stage 2 equal value hearing

7

• (1) At a stage 2 equal value hearing a tribunal shall, unless it considers it inappropriate to do so, order that—

• (a) by a specified date the independent expert shall prepare a report on the question and shall (subject to rule 13) send copies of it to the parties and to the tribunal; and

• (b) the independent expert shall prepare the report on the question on the basis only of the facts relating to the question.

• (2) The tribunal may add to, vary or omit any of the standard orders in paragraph (1).

Final hearing

8

• (1) Where an independent expert has prepared a report, the tribunal shall admit the report in evidence unless it determines that the report is not based on the facts relating to the question. If the tribunal does not admit the report, it may determine the question itself or require another independent expert to prepare a report on the question.

• (2) The tribunal may refuse to admit evidence of facts or hear submissions on issues which have not been disclosed to the other party as required by these rules or any order (unless it was not reasonably practicable for a party to have done so).

Duties and powers of the independent expert

9

• (1) When a tribunal makes an order requiring an independent expert to prepare a report under rule 3(1)(b) or to assist the tribunal in establishing the facts under rule 5, it shall inform that independent expert of the duties and powers under this rule.

• (2) The independent expert shall have a duty to the tribunal to—

• (a) assist it in furthering the overriding objective set out in rule 2 of Schedule 1;

• (b) comply with the requirements of these rules and any orders made by the tribunal;

• (c) keep the tribunal informed of any delay in complying with any order (with the exception of minor or insignificant delays in compliance);

• (d) comply with any timetable imposed by the tribunal in so far as this is reasonably practicable;

• (e) when requested, inform the tribunal of progress in the preparation of the report;

• (f) prepare a report on the question based on the facts relating to the question and (subject to rule 13) send it to the tribunal and the parties; and

• (g) attend hearings.

• (3) The independent expert may make an application for any order or for a hearing to be held as if the independent expert were a party to the proceedings.

• (4) At any stage of the proceedings the tribunal may, after giving the independent expert the opportunity to make representations, withdraw the requirement on the independent expert to prepare a report. If it does so, the tribunal may itself determine the question, or it may require a different independent expert to prepare the report.

• (5) When paragraph (4) applies the independent expert who is no longer required to prepare the report shall provide the tribunal with all documentation and work in progress relating to the proceedings by a specified date. Such documentation and work in progress must be in a form which the tribunal is able to use and may be used in relation to those proceedings by the tribunal or by another independent expert.

Use of expert evidence

10

• (1) The tribunal shall restrict expert evidence to that which it considers is reasonably required to resolve the proceedings.

• (2) An expert shall have a duty, overriding any obligation to the person instructing or paying the expert, to assist the tribunal on matters within the expert’s expertise.

• (3) No party may call an expert or put in evidence an expert’s report without the permission of the tribunal. No expert report shall be put in evidence unless it has been disclosed to all other parties and any independent expert at least 28 days before the final hearing.

• (4) In proceedings in which an independent expert has been required to prepare a report on the question, the tribunal shall not admit evidence of another expert on the question unless such evidence is based on the facts relating to the question. Unless the tribunal considers it inappropriate to do so, any such expert report shall be disclosed to all parties and to the tribunal on the same date on which the independent expert is required to send his report to the parties and to the tribunal.

• (5) If an expert (other than an independent expert) does not comply with these rules or an order made by the tribunal, the tribunal may order that the evidence of that expert shall not be admitted.

• (6) Where two or more parties wish to submit expert evidence on a particular issue, the tribunal may order that the evidence on that issue is to be given by one joint expert only and if the parties wishing to instruct the joint expert cannot agree an expert, the tribunal may select an expert.

Written questions to experts

11

• (1) When an expert (including an independent expert) has prepared a report, a party or any other expert involved in the proceedings may put written questions about the report to that expert.

• (2) Unless the tribunal agrees otherwise, written questions under paragraph (1)—

• (a) may be put once only;

• (b) must be put within 28 days of the date on which the parties were sent the report;

• (c) must be for the purpose only of clarifying the factual basis of the report; and

• (d) must be copied to all other parties and experts involved in the proceedings at the same time as they are sent to the expert who prepared the report.

• (3) An expert shall answer written questions within 28 days of receipt and the answers shall be treated as part of the expert’s report.

• (4) Where a party has put a written question to an expert instructed by another party and the expert does not answer that question within 28 days, the tribunal may order that the party instructing that expert may not rely on the evidence of that expert.

Procedural matters

12

• (1) Where an independent expert has been required to prepare a report, the Secretary shall send that expert notice of any hearing, application, order or judgment in the proceedings as if the independent expert were a party to those proceedings and when these rules or an order requires a party to provide information to another party, such information shall also be provided to the independent expert.

• (2) There may be more than one stage 1 or stage 2 equal value hearing in any case.

• (3) Subject to the provisions of this Schedule, any power conferred on an employment judge by Schedule 1 may be carried out in an equal value claim by a tribunal or an employment judge.

National security proceedings

13

Where in an equal value claim a direction is given, or order is made, under rule 91 of Schedule 1 (national security)—

• (a) any independent expert appointed shall send a copy of any report and any responses to written questions to the tribunal only; and

• (b) before the parties are sent a copy of a report or answers which have been received from an independent expert, the procedure set out in rule 6 of Schedule 2 shall be followed as if that rule referred to the independent expert’s report or answers (as the case may be) instead of written reasons, except that the independent expert’s report or answers shall not be entered on the register.

ANNEX — The indicative timetable

SCHEDULE 4 — REVOCATION AND CONSEQUENTIAL AMENDMENTS

PART 1 — Revocation

Regulations revoked	Reference
The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005	S.R. 2005 No. 150
The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005	S.R. 2005 No. 151
The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2005	S.R. 2005 No. 376
The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005	S.R. 2005 No. 578
The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2005	S.R. 2005 No. 579
The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011	S.R. 2011 No. 161
The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011	S.R. 2011 No. 162
Paragraphs 6 and 7 of Part 2 of the Schedule to the Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019	S.I. 2019/537

PART 2 — Consequential amendments

1

In Article 2(1) of the Fair Employment Tribunal (Remedies) Order (Northern Ireland) 1995[^f00058], for the definition of “an award under the Act”, substitute—

• “an award under the Act” means an order under Article 39(1)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998 for payment of compensation, but does not include an award in respect of costs, allowances or preparation time under Part 13 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, even if that award is made in the same proceedings as such an order;

2

In regulation 1(2) of the Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996[^f00059], in the definition of “an award under the relevant legislation”[^f00060], from “but does not include” to the end, substitute “but does not include an award in respect of costs, allowances or preparation time under Part 13 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, even if that award is made in the same proceedings as an award described in paragraph (a) or an order described in paragraph (b);”.

3

In Article 1(2) of the Race Relations (Interest on Awards) Order (Northern Ireland) 1997[^f00061], for the definition of “an award under the Order”, substitute—

• “an award under the Order” means an order under Article 53(1)(b) of the Order for payment of compensation, but does not include an award in respect of costs, allowances or preparation time under Part 13 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, even if that award is made in the same proceedings as such an order;

4

In regulation 1(2) of the Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003[^f00062], for the definition of “an award under the Regulations”, substitute—

• “an award under the Regulations” means an order under regulation 36(1)(b) of the Regulations for payment of compensation, but does not include an award in respect of costs, allowances or preparation time under Part 13 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, even if that award is made in the same proceedings as such an order;

5

In regulation 3(1) of the Gangmasters (Appeals) Regulations (Northern Ireland) 2006[^f00063], for “the panel of chairmen appointed under the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “the panel of employment judges appointed under the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”.

6

In regulation 1(2) of the Industrial Tribunals (Interest on Awards in Age Discrimination Cases) Regulations (Northern Ireland) 2006[^f00064], for the definition of “an award under the Age Regulations”, substitute—

• “an award under the Age Regulations” means an order under regulation 43(1)(b) of the Age Regulations for payment of compensation, but does not include an award in respect of costs, allowances or preparation time under Part 13 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, even if that award is made in the same proceedings as such an order;

7

In Schedule 8 to the REACH Enforcement Regulations 2008[^f00065]—

• (a) in paragraph (4) for “Schedule 5 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “Rule 102 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”;

• (b) in paragraph (5) for “Schedule 5” substitute “Schedule 1”.

8

In regulation 11(2)(b) of the Health and Safety (Fees) Regulations (Northern Ireland) 2012[^f00066], for “regulation 12(1) and (3)(c) of, and Schedules 1 and 5 to, the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “rule 102 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”.

9

In regulation 27(4) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013[^f00067], for “Schedule 5 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “Rule 102 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”.

10

For sub-paragraph (ba)[^f00068] of paragraph 2 of Schedule 5 to the Public Service Pensions Act (Northern Ireland) 2014[^f00069], substitute—

(ba) a member of a panel of employment judges appointed in accordance with regulation 7(1)(a) of the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020;

11

In the Schedule to the Public Service Pensions Act (Northern Ireland) 2014 (Judicial Offices) Order (Northern Ireland) 2015[^f00070]—

• (a) omit “Member of a panel of chairmen appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998.”;

• (b) omit “Member of a panel of chairmen appointed under regulation 4(1)(a) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”;

• (c) before “President or other member of the Lands Tribunal, where that office is held on a salaried basis”, insert “Member of a panel of employment judges appointed in accordance with regulation 7(1)(a) of the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020.”.

12

In the Control of Major Accident Hazards Regulations (Northern Ireland) 2015[^f00071]—

• (a) in regulation 23(6), for “regulation 12(3)(c) of, and Schedule 5 to, the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “rule 102 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”;

• (b) in regulation 28(9)(b), for “the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”.

13

In Part 2 of the Schedule to the Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019[^f00072], after paragraph 10, insert—

(10A) In Schedule 1 (Industrial Tribunals and Fair Employment Tribunal Rules of Procedure 2020) to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 omit rule 97 (references to the Court of Justice of the European Union).

14

In Article 6(5) of the Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2019[^f00073], for “the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005”, substitute “the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020”.

Signed

Sealed with the Official Seal of the Department for the Economy on 3rd January 2020.

Colin Jack — A senior officer of the Department for the Economy

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Regulations 4 and 5 confirm the continuation of the two tribunals as separate institutions. Regulation 5 concerns the FET’s jurisdiction. Regulation 7 deals with the appointment of tribunal panels. Regulations 8 to 12 deal with the constitution of the tribunals as institutions and of individual tribunal panels. Regulation 13 specifies how the tribunals’ resources are to be used and how functions of the President may be delegated. Regulation 14 empowers the President to issue practice directions. Regulation 15 gives the Department for the Economy power to prescribe forms for making and responding to a claim. Regulation 16 requires certain information to be placed on a publicly accessible register. Regulation 18 provides transitional arrangements whereby for the first month after coming into operation a prospective claimant will not be required to engage in early conciliation before submitting a claim and such claim will not be rejected on the grounds of not having engaged in early conciliation. Regulation 18 also preserves the applicability of various provisions of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 and the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 where a relevant event occurs prior to the coming into operation of these Regulations.

Schedule 1 contains the rules of procedure specifying how most cases will be conducted.

Part 1 is introductory and includes rule 2, which specifies the Rules’ overriding objective, which is to ensure that the parties have an equal opportunity to present their case and that each case is dealt with proportionately, flexibly and without undue formality, delay or expense. Rule 3 requires the tribunal to encourage alternative dispute resolution where practicable and appropriate. Rule 4 specifies that a tribunal may regulate its own procedure. This Part also deals with the interpretation of terms (rule 1) and calculation of time periods (rule 5). Rule 6 allows the tribunal to adjust time limits. Rule 7 deals with the consequences of failing to comply with the rules or an order made by the tribunal. Rule 8 states that the President may issue guidance dealing with practice issues.

Part 2 deals with starting a claim. Rules 9 and 10 specify the form that a claim must take. Rule 11 sets out when a claim will be rejected; and rule 12 provides for a rejection to be reconsidered. Rule 13 deals with providing information to the relevant regulator where the claim involves a protected disclosure.

Part 3 specifies the tribunal’s actions after receiving a claim. The Secretary must send a copy of an accepted claim to the respondent (rule 14).

Part 4 concerns the response to the claim. Rule 15 sets out what must be included on a response form, which (subject to Rule 18) must be presented within 28 days, and rule 16 allows for the rejection of a response. Per rule 17, a respondent can apply for a rejection to be reconsidered. Rule 18 deals with applications from the respondent to extend time allowed for the response. Rule 19 sets out what happens where a claim is not contested or no response is received on time. Per rule 20, an accepted response will be copied to the other parties.

Part 5 deals with employer’s contract claims. Under rule 21, an employer alleging breach of contract must include relevant information in the response form. Rule 22 requires the tribunal to advise the claimant of such a claim, and the claimant (rule 23) must respond within 28 days.

Part 6 concerns case management and other powers of the tribunal. Rule 24, which specifies the procedure for early case management. Having reviewed documents relevant to the claim, an employment judge may give the parties an assessment of the issues that the tribunal will determine, the arguments and evidence that the parties propose to use, and any opportunities that may exist to resolve the dispute. The employment judge may issue case management orders and can use any means of communication to engage the parties. In accordance with rule 25, the tribunal can issue a case management order at any stage and makes clear that that the powers listed in the rules are not exhaustive. Rule 26 specifies how to apply for a case management order. Rule 27 deals with powers in relation to the production of evidence. Rule 28 makes clear that the tribunal can add, replace or remove a party from proceedings and rule 29 allows for the involvement of anyone who has a legitimate interest. Rule 30 sets out the approach to multiple claims, where a ‘lead’ case may be identified. Rule 31 deals with the power to convene the FET to hear aspects of a case that would normally only be dealt with by an IT. Rule 32 enables the tribunal to strike out, at any stage, all or part of a claim or response where there has been unreasonable presentation of material or conduct, including non-compliance or failing to pursue the case. No strike out will occur unless a party has had a chance to address the issue. Rule 33 concerns ‘unless orders’ which are orders that, if there is non-compliance, will result in the dismissal of all or some of the claim or response. Rule 34 concerns deposits, which may be payable if the tribunal believes that a party, in continuing to pursue an issue, has little reasonable prospect of success.

Part 7 sets out rules common to all kinds of hearing. Rule 35 contains a general requirement to conduct hearings fairly. Under it, the tribunal may question parties or witnesses as appropriate to gather evidence and clarify issues. Rule 36 allows for consideration of written material submitted by a party who does not intend to be present at a hearing. Rule 37 deals with presenting evidence on oath or affirmation and provides that a written witness statement, ordinarily, will be considered as a party’s main evidence. In the interests of justice, the tribunal has power to exclude a witness until it is time for that person to give evidence. Rule 38 specifies that relevant parts of such witness statements are open for inspection during the hearing. Rule 39 enables the tribunal to restrict the time available to a party for presenting evidence, asking questions of witnesses, or making submissions to the tribunal. Rule 40 allows the use of electronic communication. If a party neither attends a hearing nor sends a representative, rule 41 allows the tribunal to dismiss the claim or proceed without the party, providing that it has first sought to establish why the party is absent and has considered the information received. Per rule 42, a tribunal can convert a preliminary hearing to a final hearing and vice versa. A tribunal may make a majority decision in a case where it is composed of three members, as specified in rule 43. However, where there are only two members, the employment judge has a deciding vote. Rule 44 deals with privacy and the restriction of publicity in sensitive cases.

Part 8 specifies the process for withdrawing a claim. Rule 45 sets out when a claim is considered to be withdrawn. When withdrawn, the tribunal will issue a judgment dismissing the claim under rule 46.

Part 9 concerns preliminary hearings, which are described in rule 47. Rule 48 deals with the arrangements for such hearings which will be conducted by an employment judge alone (rule 49) and, with exceptions, in private (rule 50) unless otherwise agreed.

Part 10 deals with the final hearing (which determines the substantive issues). Parties must receive 14 days’ notice of such a hearing (rule 52). Rule 53 specifies how the tribunal is to be comprised. Per rule 54, final hearings will usually be in public.

Part 11 contains rules dealing with judgments, case management orders and reasons. Judgments or case management orders made without a hearing will be signed and communicated to the parties in writing in accordance with rule 55. Where there is a hearing, rule 56 provides that the tribunal may either announce the judgment or order at the hearing or send it as soon as practicable to the parties in writing. Rule 57 sets out how reasons for judgments are to be communicated and what they must contain. Rule 58 provides for these documents to be signed where the employment judge is unable to do so. Rule 59 allows the tribunal to issue an order or judgment on the basis of consent. Rule 60 specifies the effective date of a judgment or order. Rule 61 provides that a copy of any judgment or order, and associated reasons, will be generally placed on the register. Rule 62 makes clear that a copy of any judgment and written reasons must be referred to a court where the initial referral of the proceedings came from there. Rule 63 allows for the correction of mistakes in any document produced by the tribunal.

Part 12 sets out the procedure for the reconsideration of judgments. Rule 64 provides the power for tribunals to reconsider any judgment in the interests of justice. If the tribunal itself is proposing the reconsideration, rule 65 provides that it must inform the parties as to why before proceeding. Reconsideration may also be prompted by a party’s application (rule 66). Having considered such an application, the employment judge will consider whether to accept it (rule 67). If a matter is to be reconsidered, rule 68 generally requires this to be at a hearing. Work under rule 67 and 68 is to be carried out by the employment judge who made the original decision unless this is not practicable (rule 69). Rule 70 makes clear that reconsideration can lead to the original decision being confirmed, varied or revoked.

Part 13 deals with orders for costs and preparation time. Rule 71 provides definitions and rule 72 indicates that costs orders are associated with representation and preparation time orders with self representation. Rule 73 specifies circumstances when a costs or preparation time order may or must be made. An application for such an order, in accordance with rule 74, can be made within 28 days following the judgment. The amount of a costs order, explained in rule 75, is up to £10,000 unless the parties agree otherwise or it is determined in a county court. In calculating costs in respect of fees charged by a lay representative, an hourly rate is to be used, with this amount increasing by £1 each April. The same hourly rate applies in calculating the amount of a preparation time order under rule 76. Rule 77 states that a “wasted costs order” may be made where a party’s representative’s improper actions or omissions have resulted in costs unreasonably being incurred. A wasted costs order may require the representative to pay all or part of the wasted costs, disallow a payment otherwise due to be made to the representative, or order the representative to repay the client (rule 78). Rule 79 specifies how and when such an order is to be made. Rule 80 makes clear that where a costs, preparation time or wasted costs order is issued, it can include reimbursement for allowances paid by the Department in respect of the person’s tribunal attendance. Rule 81 requires the tribunal to consider a party’s or representative’s ability to pay when assessing the amount of a costs, preparation time or wasted costs order.

Part 14 sets out rules concerning delivery of documents. Rule 82 deals with their delivery to the tribunal; rule 83 to parties; rule 84 to non-parties; and rule 85 with special cases. Rule 86 deals with situations where it appears that sending documents to a particular address is unlikely to bring them to the attention of the person intended to receive them. Rule 87 sets out when a document is taken as received and rule 88 allows the tribunal to treat a document as delivered if it is content that the intended recipient has become aware of it. Rule 89 generally requires communication to the tribunal to be copied to all the other parties.

Part 15 contains some miscellaneous provisions. Rule 90 sets out the procedure whereby a person required to pay a sum under a conciliated settlement may apply to the tribunal seeking a declaration that the sum is not recoverable under the general law of contract. Rules 91 and 92 deals with national security issues.

Part 16 concerns a range of other proceedings. Rule 93 deals with interim relief. Rule 94 permits the Department for the Economy to be treated as a party in proceedings dealing with a payment out of the National Insurance Fund. Rule 95 specifies who is to be treated as respondents in certain cases concerning collective agreements. Rule 96 deals with devolution issues; rule 97 with reference to the Court of Justice of the European Union; and rule 98 with proceedings referred to the tribunal by a court. Rule 99 provides a procedure for referring vexatious litigants to the Attorney General for Northern Ireland, who may seek to impose restrictions on that person’s ability to bring future legal proceedings. Under rule 100, the Equality Commission for Northern Ireland must generally be sent copies of judgments and written reasons relating to unlawful discrimination in employment. Rule 101 specifies slight changes to the application of the rules in cases involving appeals against industrial training levies. Rule 102 deals similarly with appeals against improvement and prohibition notices imposed for health and safety reasons. Rule 103 caters for cases involving appeals against requirements imposed by the Equality Commission to deal with unlawful discrimination and rule 104 takes a similar approach to applications by the Equality Commission for enforcement of directions it has given or an undertaking it has received in relation to fair employment.

Schedule 2 sets out specific rules with application in national security proceedings.

Schedule 3 sets out specific rules with application in equal pay cases.

Schedule 4 makes revocations and consequential amendments.

A Regulatory Impact Assessment has been prepared and is available from the website of the Department for the Economy at https://www.economy-ni.gov.uk/consultations/employment-tribunals-consultation or alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.

Footnotes

[^f00001]: 2016 c. 5 (N.I.).

[^f00002]: 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.

[^f00003]: Article 3(3) was amended by the Employment Act (Northern Ireland) 2016 (c. 15), section 11.

[^f00004]: Article 6(6) was amended by S.I. 1998/1265 (N.I. 8), Schedule 1, paragraph 16(3).

[^f00005]: Article 6A was inserted by S.I. 1998/1265 (N.I. 8), Article 4(5).

[^f00006]: Article 9(3)(f) was modified by S.I. 2003/2902 (N.I. 15), Article 3(1).

[^f00007]: Article 9(3ZA) was inserted by S.I. 2003/2902 (N.I. 15), Article 4.

[^f00008]: Article 9(3AA) and (3AB) was inserted by 2011 c. 13 (N.I.), section 5.

[^f00009]: 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.

[^f00010]: Article 9A was inserted by S.I. 2003/2902 (N.I. 15), Article 6.

[^f00011]: Article 11(1)(a) is amended by S.I. 2003/2902 (N.I. 15), Article 7(2), from a date to be appointed.

[^f00012]: Article 11(2)(a) was amended by S.R. 2004 No. 157.

[^f00013]: 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.

[^f00014]: Article 13(1) was substituted and Article 13(1B) inserted by 2011 c. 13 (N.I.), s. 6(3).

[^f00015]: 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.

[^f00016]: Article 15A was inserted by S.I. 2003/2902 (N.I. 15), Article 8(2).

[^f00017]: 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.

[^f00018]: Article 21A was inserted by 2011 c. 13 (N.I.), section 10.

[^f00019]: S.I. 1996/1921 (N.I. 18).

[^f00020]: Article 81(1) was amended by S.I. 2003/2902 (N.I. 15), Schedule 5, paragraph 4(3).

[^f00021]: Article 82(5) was amended by 2016 c. 15(N.I.) , section 12.

[^f00022]: Article 84(2) was amended by S.I. 2003/2902 (N.I. 15), Articles 9(2), 13(2) and 14(2) and Schedule 6.

[^f00023]: Article 84(2A) was inserted by S.I. 2003/2902 (N.I. 15), Article 9(1).

[^f00024]: Article 84(2B) was inserted by S.I. 2003/2902 (N.I. 15), Article 10(1).

[^f00025]: Article 84A was inserted by S.I. 2003/2902 (N.I. 15), Article 12.

[^f00026]: Article 84B was inserted by S.I. 2003/2902 (N.I. 15), Article 13(1).

[^f00027]: Articles 85A and 85B were inserted by S.I. 2003/2902 (N.I. 15), Article 14(1).

[^f00028]: Article 88A was inserted by 2011 c. 13 (N.I.), section 14.

[^f00029]: S.I. 1998/3162 (N.I. 21).

[^f00030]: Functions relevant to these regulations were transferred from the Department for Employment and Learning by S.R. 2016 No. 76, Article 6(1)(c).

[^f00031]: S.I. 1996/1919 (N.I. 16).

[^f00032]: S.R. 2005 No. 150.

[^f00033]: S.R. 2020 No. 2.

[^f00034]: 2001 c. 9; section 4(1) was amended by 2003 c. 21.

[^f00035]: S.R. 1994 No. 308.

[^f00036]: S.I. 1996/1969 (N.I. 16).

[^f00037]: “Public holiday” is defined in s. 39(8) of the Interpretation Act (Northern Ireland) 1954 (c. 33) so as to include Christmas Day, Good Friday, any bank holiday appointed by or under any statutory provision and any day appointed for public thanksgiving or mourning. Schedule 1 of the Banking and Financial Dealings Act 1971 (c. 80) lists the following bank holidays in respect of Northern Ireland: 17th March (or 18th March if 17th is a Sunday); Easter Monday; the last Monday in May; the last Monday in August; 26th December (if it is not a Sunday); and 27th December (if 25th or 26th is a Sunday).

[^f00038]: 1998 c. 42.

[^f00039]: S.I. 1976/1042 (N.I. 15); Article 77A was inserted by S.I. 1988/1303 (N.I. 13), Article 11 and paragraph (4A) by S.I. 1993/2668 (N.I. 11), Article 11.

[^f00040]: 1995 c. 50; Schedule 3A was inserted by S.R. 2004 No. 55, regulation 16(2).

[^f00041]: S.I. 1997/869 (N.I. 6); Article 68B was inserted by regulation 53 of S.R. 2003 No. 341, regulation 53.

[^f00042]: S.R. 2003 No. 497.

[^f00043]: S.R. 2006 No. 261.

[^f00044]: 1998 c. 47.

[^f00045]: O.J. No. C83, 30.03.10, p. 47.

[^f00046]: 1978 c. 23.

[^f00047]: 1970 c. 32 (N.I.).

[^f00048]: S.I. 1988/1303 (N.I. 13).

[^f00049]: S.I. 1984/1159 (N.I. 9).

[^f00050]: S.I. 1978/1039 (N.I. 9).

[^f00051]: S.I. 2000/1110 (N.I. 2).

[^f00052]: S.R. 2006 No. 439.

[^f00053]: 1970 c.32.

[^f00054]: Section 1(2)(c) was inserted by S.R. 1984 No. 16, regulation 2(1).

[^f00055]: Section 2A was inserted by S.R. 1984 No. 16, regulation 3(1); and paragraph (4) was amended by S.R. 2005 No. 145, regulation 2(6).

[^f00056]: Sub-paragraph (b) was amended by S.R. 2005 No. 145, regulation 2(2)(a).

[^f00057]: Paragraph (2A) was inserted by S.R. 2005 No. 145, regulation 2(5).

[^f00058]: S.R. 1995 No. 240.

[^f00059]: S.R. 1996 No. 581.

[^f00060]: The definition was substituted by S.R. 2007 No. 102, regulation 2(1).

[^f00061]: S.R. 1997 No. 320.

[^f00062]: S.R. 2003 No. 498.

[^f00063]: S.R. 2006 No. 189.

[^f00064]: S.R. 2006 No. 262.

[^f00065]: S.I. 2008/2852.

[^f00066]: S.R. 2012 No. 255.

[^f00067]: S.I. 2013/1506.

[^f00068]: Sub-paragraph (ba) was inserted by S.R. 2015 No. 76, Schedule 3, Part 3, paragraph 12(2).

[^f00069]: 2014 c. 2 (N.I.).

[^f00070]: S.R. 2015 No. 161.

[^f00071]: S.R. 2015 No. 325.

[^f00072]: S.I. 2019/537.

[^f00073]: S.R. 2019 No. 155.

Editorial notes

[^key-3e0ef105a8a6203b4bb6668b83f9bbea]: Reg. 1 in operation at 27.1.2020, see reg. 1(2)

[^key-b816d3ef26199d60416a614a97f21812]: Reg. 2 in operation at 27.1.2020, see reg. 1(2)

[^key-35d4325da149a3696a0418acec30c859]: Reg. 3 in operation at 27.1.2020, see reg. 1(2)

[^key-de284750d6a0e248bd5c2defd7ff0fcb]: Reg. 4 in operation at 27.1.2020, see reg. 1(2)

[^key-386e92158c61a4a6949e9c72faa84aa6]: Reg. 5 in operation at 27.1.2020, see reg. 1(2)

[^key-be81d4f064a13da33b5837eb2506df9f]: Reg. 6 in operation at 27.1.2020, see reg. 1(2)

[^key-1920ec3849eafe98d1acd5c690ebe3a5]: Reg. 7 in operation at 27.1.2020, see reg. 1(2)

[^key-0b9211869cb9f1bf7feee7aa695e9e34]: Reg. 8 in operation at 27.1.2020, see reg. 1(2)

[^key-32fb92875215be380f844355f7719a4a]: Reg. 9 in operation at 27.1.2020, see reg. 1(2)

[^key-6080bde81db928fe8e166661aad793d0]: Reg. 10 in operation at 27.1.2020, see reg. 1(2)

[^key-784663583cdccd96c5f7b9a0e6dcf839]: Reg. 11 in operation at 27.1.2020, see reg. 1(2)

[^key-9871cc8e58eccf4246fefcc36029f9f2]: Reg. 12 in operation at 27.1.2020, see reg. 1(2)

[^key-bcd82fcc11cd474bfda63c1c230ccba3]: Reg. 13 in operation at 27.1.2020, see reg. 1(2)

[^key-93a8c73b7378eaa1c552b86abfa3879c]: Reg. 14 in operation at 27.1.2020, see reg. 1(2)

[^key-46d141339e398608b790deeb0718c6dc]: Reg. 15 in operation at 27.1.2020, see reg. 1(2)

[^key-29643076bdd2f36d2bd6a593c7ad573b]: Reg. 16 in operation at 27.1.2020, see reg. 1(2)

[^key-935504d18f828d3b2726f0d08d4caff8]: Reg. 17 in operation at 27.1.2020, see reg. 1(2)

[^key-36f1296a4475649fa7e51c9d7044c1bf]: Reg. 18 in operation at 27.1.2020, see reg. 1(2)

[^key-64c3e1c52781665ca809671b74f25890]: Sch. 1 para. 1 in operation at 27.1.2020, see reg. 1(2)

[^key-7414629a3b9b264f2457b0c665c2c080]: Sch. 1 para. 2 in operation at 27.1.2020, see reg. 1(2)

[^key-5e0b5a48a5bd27232e4aac515e206df5]: Sch. 1 para. 3 in operation at 27.1.2020, see reg. 1(2)

[^key-7afd3ed62b877f2661626ea817f4fdf3]: Sch. 1 para. 4 in operation at 27.1.2020, see reg. 1(2)

[^key-8143b23e2270adaac8479d9392ffce2e]: Sch. 1 para. 5 in operation at 27.1.2020, see reg. 1(2)

[^key-feae91ac2345610dc5bc851ffd3a59eb]: Sch. 1 para. 6 in operation at 27.1.2020, see reg. 1(2)

[^key-66076f6ca2ed97db976dadb3bbdcc173]: Sch. 1 para. 7 in operation at 27.1.2020, see reg. 1(2)

[^key-bfde7fec51d55bda1d0974dacfa93f5d]: Sch. 1 para. 8 in operation at 27.1.2020, see reg. 1(2)

[^key-80c463730529aec3d4a2bc519ff99343]: Sch. 1 para. 9 in operation at 27.1.2020, see reg. 1(2)

[^key-e0e8f7644d8835afa5fc00aa87e6383b]: Sch. 1 para. 10 in operation at 27.1.2020, see reg. 1(2)

[^key-ac18973112f264a75dfaeba2eaa64f6f]: Sch. 1 para. 11 in operation at 27.1.2020, see reg. 1(2)

[^key-43a4f9dc061f15c1ab2bad3a42682c88]: Sch. 1 para. 12 in operation at 27.1.2020, see reg. 1(2)

[^key-4e7ced4622a779bddc8a2df5c1259ee4]: Sch. 1 para. 13 in operation at 27.1.2020, see reg. 1(2)

[^key-e69a306a30eeaf381690de14c4bdebfd]: Sch. 1 para. 14 in operation at 27.1.2020, see reg. 1(2)

[^key-546450f935bdd1767535149b5bbd97cb]: Sch. 1 para. 15 in operation at 27.1.2020, see reg. 1(2)

[^key-5a116b549cca43a5af7182435486e9cf]: Sch. 1 para. 16 in operation at 27.1.2020, see reg. 1(2)

[^key-e37a7e387d091010ed705c62d798a94a]: Sch. 1 para. 17 in operation at 27.1.2020, see reg. 1(2)

[^key-63ae54086f957491272e20812efec926]: Sch. 1 para. 18 in operation at 27.1.2020, see reg. 1(2)

[^key-cc8e56ea03cff742257b27c599121ef7]: Sch. 1 para. 19 in operation at 27.1.2020, see reg. 1(2)

[^key-56253b49b8870603f49e07fa64d55013]: Sch. 1 para. 20 in operation at 27.1.2020, see reg. 1(2)

[^key-86731d6b452396ecde8c32f3acbb5326]: Sch. 1 para. 21 in operation at 27.1.2020, see reg. 1(2)

[^key-58310082c0c31b7cc4aaffa657b887ba]: Sch. 1 para. 22 in operation at 27.1.2020, see reg. 1(2)

[^key-a57f7726220e51f47bfce7e71f020512]: Sch. 1 para. 23 in operation at 27.1.2020, see reg. 1(2)

[^key-244fee953f9bae8546aeb792222a1294]: Sch. 1 para. 24 in operation at 27.1.2020, see reg. 1(2)

[^key-03cdd06b2841ecfae3e8ec945466397a]: Sch. 1 para. 25 in operation at 27.1.2020, see reg. 1(2)

[^key-36889ddc1af8d7dc17c117ce2e26c952]: Sch. 1 para. 26 in operation at 27.1.2020, see reg. 1(2)

[^key-5a5107c47d87868efc3fb952ed0ccb3a]: Sch. 1 para. 27 in operation at 27.1.2020, see reg. 1(2)

[^key-68e8237ec0377abebc3945e52fb1b12f]: Sch. 1 para. 28 in operation at 27.1.2020, see reg. 1(2)

[^key-924a3ba9652ea78898242471d16997d4]: Sch. 1 para. 29 in operation at 27.1.2020, see reg. 1(2)

[^key-23c16366209db87bb32144b198de7fcb]: Sch. 1 para. 30 in operation at 27.1.2020, see reg. 1(2)

[^key-cb6bbb318783e2a8c9627396301e7249]: Sch. 1 para. 31 in operation at 27.1.2020, see reg. 1(2)

[^key-fb7a127940a269f5e6134937659c4427]: Sch. 1 para. 32 in operation at 27.1.2020, see reg. 1(2)

[^key-d3e19f32107ac402dbf5aade6dc171b5]: Sch. 1 para. 33 in operation at 27.1.2020, see reg. 1(2)

[^key-273e53691b7bc15fb82d3709df265764]: Sch. 1 para. 34 in operation at 27.1.2020, see reg. 1(2)

[^key-3dfae655b17ed9c62e95099256f69d9e]: Sch. 1 para. 35 in operation at 27.1.2020, see reg. 1(2)

[^key-cedb42699f30369c1680f65f441dc484]: Sch. 1 para. 36 in operation at 27.1.2020, see reg. 1(2)

[^key-3583b382539e87cec4f95d2a7fc9bb6c]: Sch. 1 para. 37 in operation at 27.1.2020, see reg. 1(2)

[^key-bc472365e28e02fdfd58cb0655959393]: Sch. 1 para. 38 in operation at 27.1.2020, see reg. 1(2)

[^key-982ac34b08dea1afd9242c034e1bf8f8]: Sch. 1 para. 39 in operation at 27.1.2020, see reg. 1(2)

[^key-4d369e44b8c726ce946130c431b15950]: Sch. 1 para. 40 in operation at 27.1.2020, see reg. 1(2)

[^key-e2e825156c7097d6fa1b21bbd06270ca]: Sch. 1 para. 41 in operation at 27.1.2020, see reg. 1(2)

[^key-9985e4fa9db9a13b7d6dfef71dccfbaf]: Sch. 1 para. 42 in operation at 27.1.2020, see reg. 1(2)

[^key-d2ec67644ddb92992409e8ac56171930]: Sch. 1 para. 43 in operation at 27.1.2020, see reg. 1(2)

[^key-a587532e41446e43145371dc735183ac]: Sch. 1 para. 44 in operation at 27.1.2020, see reg. 1(2)

[^key-7908a2959fd0122b1b5de3a881172e6a]: Sch. 1 para. 45 in operation at 27.1.2020, see reg. 1(2)

[^key-0821083a4a09d66345f85236c0b315bb]: Sch. 1 para. 46 in operation at 27.1.2020, see reg. 1(2)

[^key-01bec6fd281c535189e991d1e95d5b7b]: Sch. 1 para. 47 in operation at 27.1.2020, see reg. 1(2)

[^key-794d29691ca2d147591e81001ed471c0]: Sch. 1 para. 48 in operation at 27.1.2020, see reg. 1(2)

[^key-352aadf23a27c4cb85f8e2436baa6f65]: Sch. 1 para. 49 in operation at 27.1.2020, see reg. 1(2)

[^key-1643ff6e5a97682d43663c999f8dd61c]: Sch. 1 para. 50 in operation at 27.1.2020, see reg. 1(2)

[^key-fc419043c3fbe84d36e24b8d2420dad0]: Sch. 1 para. 51 in operation at 27.1.2020, see reg. 1(2)

[^key-069a861895245379526d0f4f566e4775]: Sch. 1 para. 52 in operation at 27.1.2020, see reg. 1(2)

[^key-f89731f7a9d0f04786f3cd74a564161d]: Sch. 1 para. 53 in operation at 27.1.2020, see reg. 1(2)

[^key-9aaf29b36db28ff980ad09807f7fd677]: Sch. 1 para. 54 in operation at 27.1.2020, see reg. 1(2)

[^key-05c2ca8827c475ac0694ef34213feadd]: Sch. 1 para. 55 in operation at 27.1.2020, see reg. 1(2)

[^key-5157c348fb06e2ad159c8c30fd5107f8]: Sch. 1 para. 56 in operation at 27.1.2020, see reg. 1(2)

[^key-1941a51a325729115f6450f1d225ba94]: Sch. 1 para. 57 in operation at 27.1.2020, see reg. 1(2)

[^key-5689bb887e129087eb424f0fd7f5404c]: Sch. 1 para. 58 in operation at 27.1.2020, see reg. 1(2)

[^key-41cd1076b6b553ccb4ec6ece7c6b9678]: Sch. 1 para. 59 in operation at 27.1.2020, see reg. 1(2)

[^key-efe588f4dcd992787c06687fcbd9aa96]: Sch. 1 para. 60 in operation at 27.1.2020, see reg. 1(2)

[^key-c95ab835a70e05b37b12b6bc6bac135a]: Sch. 1 para. 62 in operation at 27.1.2020, see reg. 1(2)

[^key-7a014d2094b14a394a1ef22083bf1597]: Sch. 1 para. 63 in operation at 27.1.2020, see reg. 1(2)

[^key-48372195d39904d531a3307eae7f7c12]: Sch. 1 para. 64 in operation at 27.1.2020, see reg. 1(2)

[^key-e6bbe3f06cae38513811b447182f5642]: Sch. 1 para. 65 in operation at 27.1.2020, see reg. 1(2)