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Chapter NMWM02110

Document Cited authorities 1 Cited in Related
Vincent
Published date16 April 2016
Record NumberNMWM02110
CourtHM Revenue & Customs

In Northern Ireland, Industrial Tribunals were introduced in 1964 and have powers to hear complaints under employment protection legislation, including complaints against unfair dismissal, discrimination and underpayments of national minimum wage. The management of the tribunals is a matter for the President of the Tribunals. Administrative support is provided by the Secretary of the Tribunals and the Office of the Tribunals, whose staff are drawn from the Department for Employment and Learning. Most cases are heard at the Office of the Tribunals in Belfast, although additional centres elsewhere are also used.

Industrial Tribunals are independent judicial bodies. Almost all hearings are open to the public and evidence is heard under oath. The tribunal usually has three members, a legally qualified chairman and two lay members (one nominated by an employer association and one by the Trades Union Congress or and affiliated union) who are appointed by the Department for Employment and Learning.

There are time limits to take a claim to an industrial tribunal. The Labour Relations Agency (NMWM02090) may be involved in trying to resolve the dispute before the case is heard by an industrial tribunal.

The person making the claim is called the claimant. Claims are made by completing a form which can be obtained at a Jobcentre or from the Industrial Tribunals and Fair Employment Tribunal (Northern Ireland) website. A copy of the claim is sent to the respondent (the person against whom the complaint is made) who has 28 days to respond.

The claimant and the respondent can nominate a representative to act on their behalf. If they do, the tribunal will only deal directly with their representative.

Some issues may need to be dealt with prior to the hearing. For example, either party can ask the other to supply information about the case or produce documents for inspection. The tribunal may need to give orders about the production of documents or other matters related to the case.

If either party wishes someone to give evidence on their behalf, they should arrange for them to attend the tribunal. If necessary, the tribunal can make an order requiring them to attend. However, the tribunal cannot grant an...

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