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

Type Ni-Statutory-Rule
Publication 2020-01-03
Last updated 2024-12-12
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Reform history JSON API

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

2

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.

3

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

4

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

5

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

6

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

7

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

8

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

9

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.

10

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

11

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

12

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

13

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.

14

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

15

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.

16

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

17

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.

18

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

30

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

34

2001 c. 9; section 4(1) was amended by 2003 c. 21.

37

“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).

39

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.

40

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

41

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

45

O.J. No. C83, 30.03.10, p. 47.

54

Section 1(2)(c) was inserted by S.R. 1984 No. 16, regulation 2(1).

55

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).

56

Sub-paragraph (b) was amended by S.R. 2005 No. 145, regulation 2(2)(a).

57

Paragraph (2A) was inserted by S.R. 2005 No. 145, regulation 2(5).

60

The definition was substituted by S.R. 2007 No. 102, regulation 2(1).

68

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

Editorial notes

74

Reg. 1 in operation at 27.1.2020, see reg. 1(2)

75

Reg. 2 in operation at 27.1.2020, see reg. 1(2)

76

Reg. 3 in operation at 27.1.2020, see reg. 1(2)

77

Reg. 4 in operation at 27.1.2020, see reg. 1(2)

78

Reg. 5 in operation at 27.1.2020, see reg. 1(2)

79

Reg. 6 in operation at 27.1.2020, see reg. 1(2)

80

Reg. 7 in operation at 27.1.2020, see reg. 1(2)

81

Reg. 8 in operation at 27.1.2020, see reg. 1(2)

82

Reg. 9 in operation at 27.1.2020, see reg. 1(2)

83

Reg. 10 in operation at 27.1.2020, see reg. 1(2)

84

Reg. 11 in operation at 27.1.2020, see reg. 1(2)

85

Reg. 12 in operation at 27.1.2020, see reg. 1(2)

86

Reg. 13 in operation at 27.1.2020, see reg. 1(2)

87

Reg. 14 in operation at 27.1.2020, see reg. 1(2)

88

Reg. 15 in operation at 27.1.2020, see reg. 1(2)

89

Reg. 16 in operation at 27.1.2020, see reg. 1(2)

90

Reg. 17 in operation at 27.1.2020, see reg. 1(2)

91

Reg. 18 in operation at 27.1.2020, see reg. 1(2)

92

Sch. 1 para. 1 in operation at 27.1.2020, see reg. 1(2)

93

Sch. 1 para. 2 in operation at 27.1.2020, see reg. 1(2)

94

Sch. 1 para. 3 in operation at 27.1.2020, see reg. 1(2)

95

Sch. 1 para. 4 in operation at 27.1.2020, see reg. 1(2)

96

Sch. 1 para. 5 in operation at 27.1.2020, see reg. 1(2)

97

Sch. 1 para. 6 in operation at 27.1.2020, see reg. 1(2)

98

Sch. 1 para. 7 in operation at 27.1.2020, see reg. 1(2)

99

Sch. 1 para. 8 in operation at 27.1.2020, see reg. 1(2)

100

Sch. 1 para. 9 in operation at 27.1.2020, see reg. 1(2)

101

Sch. 1 para. 10 in operation at 27.1.2020, see reg. 1(2)

102

Sch. 1 para. 11 in operation at 27.1.2020, see reg. 1(2)

103

Sch. 1 para. 12 in operation at 27.1.2020, see reg. 1(2)

104

Sch. 1 para. 13 in operation at 27.1.2020, see reg. 1(2)

105

Sch. 1 para. 14 in operation at 27.1.2020, see reg. 1(2)

106

Sch. 1 para. 15 in operation at 27.1.2020, see reg. 1(2)

107

Sch. 1 para. 16 in operation at 27.1.2020, see reg. 1(2)

108

Sch. 1 para. 17 in operation at 27.1.2020, see reg. 1(2)

109

Sch. 1 para. 18 in operation at 27.1.2020, see reg. 1(2)

110

Sch. 1 para. 19 in operation at 27.1.2020, see reg. 1(2)

111

Sch. 1 para. 20 in operation at 27.1.2020, see reg. 1(2)

112

Sch. 1 para. 21 in operation at 27.1.2020, see reg. 1(2)

113

Sch. 1 para. 22 in operation at 27.1.2020, see reg. 1(2)

114

Sch. 1 para. 23 in operation at 27.1.2020, see reg. 1(2)

115

Sch. 1 para. 24 in operation at 27.1.2020, see reg. 1(2)

116

Sch. 1 para. 25 in operation at 27.1.2020, see reg. 1(2)

117

Sch. 1 para. 26 in operation at 27.1.2020, see reg. 1(2)

118

Sch. 1 para. 27 in operation at 27.1.2020, see reg. 1(2)

119

Sch. 1 para. 28 in operation at 27.1.2020, see reg. 1(2)

120

Sch. 1 para. 29 in operation at 27.1.2020, see reg. 1(2)

121

Sch. 1 para. 30 in operation at 27.1.2020, see reg. 1(2)

122

Sch. 1 para. 31 in operation at 27.1.2020, see reg. 1(2)

123

Sch. 1 para. 32 in operation at 27.1.2020, see reg. 1(2)

124

Sch. 1 para. 33 in operation at 27.1.2020, see reg. 1(2)

125

Sch. 1 para. 34 in operation at 27.1.2020, see reg. 1(2)

126

Sch. 1 para. 35 in operation at 27.1.2020, see reg. 1(2)

127

Sch. 1 para. 36 in operation at 27.1.2020, see reg. 1(2)

128

Sch. 1 para. 37 in operation at 27.1.2020, see reg. 1(2)

129

Sch. 1 para. 38 in operation at 27.1.2020, see reg. 1(2)

130

Sch. 1 para. 39 in operation at 27.1.2020, see reg. 1(2)

131

Sch. 1 para. 40 in operation at 27.1.2020, see reg. 1(2)

132

Sch. 1 para. 41 in operation at 27.1.2020, see reg. 1(2)

133

Sch. 1 para. 42 in operation at 27.1.2020, see reg. 1(2)

134

Sch. 1 para. 43 in operation at 27.1.2020, see reg. 1(2)

135

Sch. 1 para. 44 in operation at 27.1.2020, see reg. 1(2)

136

Sch. 1 para. 45 in operation at 27.1.2020, see reg. 1(2)

137

Sch. 1 para. 46 in operation at 27.1.2020, see reg. 1(2)

138

Sch. 1 para. 47 in operation at 27.1.2020, see reg. 1(2)

139

Sch. 1 para. 48 in operation at 27.1.2020, see reg. 1(2)

140

Sch. 1 para. 49 in operation at 27.1.2020, see reg. 1(2)

141

Sch. 1 para. 50 in operation at 27.1.2020, see reg. 1(2)

142

Sch. 1 para. 51 in operation at 27.1.2020, see reg. 1(2)

143

Sch. 1 para. 52 in operation at 27.1.2020, see reg. 1(2)

144

Sch. 1 para. 53 in operation at 27.1.2020, see reg. 1(2)

145

Sch. 1 para. 54 in operation at 27.1.2020, see reg. 1(2)

146

Sch. 1 para. 55 in operation at 27.1.2020, see reg. 1(2)

147

Sch. 1 para. 56 in operation at 27.1.2020, see reg. 1(2)

148

Sch. 1 para. 57 in operation at 27.1.2020, see reg. 1(2)

149

Sch. 1 para. 58 in operation at 27.1.2020, see reg. 1(2)

150

Sch. 1 para. 59 in operation at 27.1.2020, see reg. 1(2)

151

Sch. 1 para. 60 in operation at 27.1.2020, see reg. 1(2)

152

Sch. 1 para. 62 in operation at 27.1.2020, see reg. 1(2)

153

Sch. 1 para. 63 in operation at 27.1.2020, see reg. 1(2)

154

Sch. 1 para. 64 in operation at 27.1.2020, see reg. 1(2)

155

Sch. 1 para. 65 in operation at 27.1.2020, see reg. 1(2)

156

Sch. 1 para. 66 in operation at 27.1.2020, see reg. 1(2)

157

Sch. 1 para. 67 in operation at 27.1.2020, see reg. 1(2)

158

Sch. 1 para. 68 in operation at 27.1.2020, see reg. 1(2)

159

Sch. 1 para. 69 in operation at 27.1.2020, see reg. 1(2)

160

Sch. 1 para. 70 in operation at 27.1.2020, see reg. 1(2)

161

Sch. 1 para. 71 in operation at 27.1.2020, see reg. 1(2)

162

Sch. 1 para. 72 in operation at 27.1.2020, see reg. 1(2)

163

Sch. 1 para. 73 in operation at 27.1.2020, see reg. 1(2)

164

Sch. 1 para. 74 in operation at 27.1.2020, see reg. 1(2)

165

Sch. 1 para. 75 in operation at 27.1.2020, see reg. 1(2)

166

Sch. 1 para. 76 in operation at 27.1.2020, see reg. 1(2)

167

Sch. 1 para. 77 in operation at 27.1.2020, see reg. 1(2)

168

Sch. 1 para. 78 in operation at 27.1.2020, see reg. 1(2)

169

Sch. 1 para. 79 in operation at 27.1.2020, see reg. 1(2)

170

Sch. 1 para. 80 in operation at 27.1.2020, see reg. 1(2)

171

Sch. 1 para. 81 in operation at 27.1.2020, see reg. 1(2)

172

Sch. 1 para. 82 in operation at 27.1.2020, see reg. 1(2)

173

Sch. 1 para. 83 in operation at 27.1.2020, see reg. 1(2)

174

Sch. 1 para. 84 in operation at 27.1.2020, see reg. 1(2)

175

Sch. 1 para. 85 in operation at 27.1.2020, see reg. 1(2)

176

Sch. 1 para. 86 in operation at 27.1.2020, see reg. 1(2)

177

Sch. 1 para. 87 in operation at 27.1.2020, see reg. 1(2)

178

Sch. 1 para. 88 in operation at 27.1.2020, see reg. 1(2)

179

Sch. 1 para. 89 in operation at 27.1.2020, see reg. 1(2)

180

Sch. 1 para. 90 in operation at 27.1.2020, see reg. 1(2)

181

Sch. 1 para. 91 in operation at 27.1.2020, see reg. 1(2)

182

Sch. 1 para. 92 in operation at 27.1.2020, see reg. 1(2)

183

Sch. 1 para. 93 in operation at 27.1.2020, see reg. 1(2)

184

Sch. 1 para. 94 in operation at 27.1.2020, see reg. 1(2)

185

Sch. 1 para. 95 in operation at 27.1.2020, see reg. 1(2)

186

Sch. 1 para. 96 in operation at 27.1.2020, see reg. 1(2)

187

Sch. 1 para. 97 in operation at 27.1.2020, see reg. 1(2)

188

Sch. 1 para. 98 in operation at 27.1.2020, see reg. 1(2)

189

Sch. 1 para. 99 in operation at 27.1.2020, see reg. 1(2)

190

Sch. 1 para. 100 in operation at 27.1.2020, see reg. 1(2)

191

Sch. 1 para. 101 in operation at 27.1.2020, see reg. 1(2)

192

Sch. 1 para. 102 in operation at 27.1.2020, see reg. 1(2)

193

Sch. 1 para. 103 in operation at 27.1.2020, see reg. 1(2)

194

Sch. 1 para. 104 in operation at 27.1.2020, see reg. 1(2)

195

Sch. 2 para. 1 in operation at 27.1.2020, see reg. 1(2)

196

Sch. 2 para. 2 in operation at 27.1.2020, see reg. 1(2)

197

Sch. 2 para. 3 in operation at 27.1.2020, see reg. 1(2)

198

Sch. 2 para. 4 in operation at 27.1.2020, see reg. 1(2)

199

Sch. 2 para. 5 in operation at 27.1.2020, see reg. 1(2)

200

Sch. 2 para. 6 in operation at 27.1.2020, see reg. 1(2)

201

Sch. 3 para. 1 in operation at 27.1.2020, see reg. 1(2)

202

Sch. 3 para. 2 in operation at 27.1.2020, see reg. 1(2)

203

Sch. 3 para. 3 in operation at 27.1.2020, see reg. 1(2)

204

Sch. 3 para. 4 in operation at 27.1.2020, see reg. 1(2)

205

Sch. 3 para. 5 in operation at 27.1.2020, see reg. 1(2)

206

Sch. 3 para. 6 in operation at 27.1.2020, see reg. 1(2)

207

Sch. 3 para. 7 in operation at 27.1.2020, see reg. 1(2)

208

Sch. 3 para. 8 in operation at 27.1.2020, see reg. 1(2)

209

Sch. 3 para. 9 in operation at 27.1.2020, see reg. 1(2)

210

Sch. 3 para. 10 in operation at 27.1.2020, see reg. 1(2)

211

Sch. 3 para. 11 in operation at 27.1.2020, see reg. 1(2)

212

Sch. 3 para. 12 in operation at 27.1.2020, see reg. 1(2)

213

Sch. 3 para. 13 in operation at 27.1.2020, see reg. 1(2)

214

Sch. 4 para. 1 in operation at 27.1.2020, see reg. 1(2)

215

Sch. 4 para. 2 in operation at 27.1.2020, see reg. 1(2)

216

Sch. 4 para. 3 in operation at 27.1.2020, see reg. 1(2)

217

Sch. 4 para. 4 in operation at 27.1.2020, see reg. 1(2)

218

Sch. 4 para. 5 in operation at 27.1.2020, see reg. 1(2)

219

Sch. 4 para. 6 in operation at 27.1.2020, see reg. 1(2)

220

Sch. 4 para. 7 in operation at 27.1.2020, see reg. 1(2)

221

Sch. 4 para. 8 in operation at 27.1.2020, see reg. 1(2)

222

Sch. 4 para. 9 in operation at 27.1.2020, see reg. 1(2)

223

Sch. 4 para. 10 in operation at 27.1.2020, see reg. 1(2)

224

Sch. 4 para. 11 in operation at 27.1.2020, see reg. 1(2)

225

Sch. 4 para. 12 in operation at 27.1.2020, see reg. 1(2)

226

Sch. 4 para. 13 in operation at 27.1.2020, see reg. 1(2)

227

Sch. 4 para. 14 in operation at 27.1.2020, see reg. 1(2)

228

Sch. 4 Pt. 1 in operation at 27.1.2020, see reg. 1(2)

229

Sch. 3 in operation at 27.1.2020, see reg. 1(2)

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