The Employment (Northern Ireland) Order 2003

Year2003

2003 No. 2902 (N.I. 15)

NORTHERN IRELAND

The Employment (Northern Ireland) Order 2003

13thNovember 2003

ARRANGEMENT OF ORDER

PART I

INTRODUCTORY

1.

Title and commencement

2.

Interpretation

PART II

INDUSTRIAL TRIBUNAL REFORM

3.

Conciliation

4.

Power to delegate prescription of forms, etc.

5.

Determination without a hearing

6.

Practice directions

7.

Pre-hearing reviews

8.

Costs, expenses and allowances

PART III

FAIR EMPLOYMENT TRIBUNAL REFORM

9.

Power to delegate prescription of forms, etc.

10.

Determination without a hearing

11.

Conciliation

12.

Practice directions

13.

Pre-hearing reviews and preliminary matters

14.

Costs and allowances

PART IV

DISPUTE RESOLUTION, ETC.

Statutory procedures

15.

Statutory dispute resolution procedures

16.

Contracts of employment

17.

Non-completion of statutory procedure: adjustment of awards by industrial tribunals

18.

Non-completion of statutory procedure: adjustment of awards by Fair Employment Tribunal

19.

Complaints about grievances: industrial tribunals

20.

Complaints about grievances: Fair Employment Tribunal

21.

Consequential adjustment of time limits: industrial tribunals

22.

Consequential adjustment of time limits: Fair Employment Tribunal

23.

Procedural fairness in unfair dismissal

Employment particulars

24.

Particulars of procedures relating to discipline or dismissal

25.

Removal of exemption for small employers

26.

Use of alternative documents to give particulars

27.

Failure to give statement of employment particulars, etc.: industrial tribunals

28.

Failure to give statement of employment particulars, etc.: Fair Employment Tribunal

General

29.

Unfair dismissal: adjustments under Articles 17 and 27

PART V

MISCELLANEOUS

30.

Equal pay: questionnaires

31.

Union learning representatives

32.

Dismissal procedures agreements

33.

Deputy Certification Officer

PART VI

SUPPLEMENTARY

34.

Regulations and orders

35.

Amendments and repeals

SCHEDULES:

Schedule 1

Statutory dispute resolution procedures

Schedule 2

Tribunal jurisdictions to which Article 17 applies

Schedule 3

Tribunal jurisdictions to which Article 19 applies

Schedule 4

Tribunal jurisdictions to which Article 27 applies

Schedule 5

Consequential amendments

Schedule 6

Repeals

At the Court at Buckingham Palace, the 13th day of November 2003

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

PART I

INTRODUCTORY

Title and commencement

1. - (1) This Order may be cited as the Employment (Northern Ireland) Order 2003.

(2) Parts II to V (with the Schedules) come into operation on such day or days as the Department may by order appoint.

(3) An order under paragraph (2) may contain such transitional provisions and savings as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Order.

Interpretation

2. - (1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order -

"the Department" means the Department for Employment and Learning;

"employer" and "employee" have the same meanings as in the Employment Rights Order;

"the Employment Rights Order" means the Employment Rights (Northern Ireland) Order 1996 (NI 16);

"the Fair Employment and Treatment Order" means the Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21);

"the Industrial Tribunals Order" means the Industrial Tribunals (Northern Ireland) Order 1996 (NI 18);

"statutory procedure" means a procedure set out in Schedule 1;

"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c.33).

PART II

INDUSTRIAL TRIBUNAL REFORM

Conciliation

3. - (1) In Article 9 of the Industrial Tribunals Order (industrial tribunal procedure regulations), in paragraph (3)(f) (power to prescribe the procedure to be followed in proceedings before an industrial tribunal), before sub-paragraph (ii) there shall be inserted -

" (ia) for postponing fixing a time and place for a hearing, or postponing a time fixed for a hearing, for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, and".

(2) In Article 20 of that Order (conciliation), after paragraph (2) there shall be inserted -

" (2A) Where industrial tribunal procedure regulations include provision postponing the fixing of a time and place for a hearing for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, paragraph (2) shall have effect from the end of the postponement to confer a power on the Agency, instead of imposing a duty."

(3) In Article 21 of that Order (conciliation procedure), paragraph (c) (which requires industrial tribunal procedure regulations, in relation to conciliation cases, to include provision postponing the hearing to give an opportunity for conciliation) shall cease to have effect.

(4) In that Article, the existing provision (as amended by paragraph (3)) shall become paragraph (1) and at the end there shall be inserted -

" (2) If industrial tribunal procedure regulations include provision postponing the fixing of a time and place for a hearing for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, they shall also include provision for the parties to proceedings to which the provision for postponement applies to be notified that the services of the Agency may no longer be available to them after the end of the postponement.".

Power to delegate prescription of forms, etc.

4. In Article 9 of the Industrial Tribunals Order (industrial tribunal procedure regulations), after paragraph (3) there shall be inserted -

" (3ZA) Industrial tribunal procedure regulations may -

(a) authorise the Department to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of instituting, or entering an appearance to, proceedings before industrial tribunals;(b) authorise the Department to prescribe requirements in relation to documents to be supplied with any such form, and(c) make provision about the publication of anything prescribed under authority conferred by virtue of this paragraph.".

Determination without a hearing

5. In Article 9 of the Industrial Tribunals Order (industrial tribunal procedure regulations) for paragraph (3A) there shall be substituted -

" (3A) Industrial tribunal procedure regulations may authorise the determination of proceedings without any hearing in such circumstances as the regulations may prescribe."

Practice directions

6. After Article 9 of the Industrial Tribunals Order there shall be inserted -

Practice directions

9A. - (1) Industrial tribunal procedure regulations may include provision -

(a) enabling the President to make directions about the procedure of industrial tribunals, including directions about the exercise by tribunals of powers under such regulations;(b) for securing compliance with such directions; and(c) about the publication of such directions.

(2) Industrial tribunal procedure regulations may, instead of providing for any matter, refer to provision made or to be made about that matter by directions made by the President.

(3) In this Article, "the President" means the President of the Industrial Tribunals and the Fair Employment Tribunal."

Pre-hearing reviews

7. - (1) Article 11 of the Industrial Tribunals Order (pre-hearing reviews) shall be amended as follows.

(2) In paragraph (1) (power to make provision for pre-hearing reviews), for sub-paragraph (a) there shall be substituted -

" (a) for authorising an industrial tribunal to carry out a review of any proceedings before it at any time before a hearing held for the purpose of determining them (a "pre-hearing review"),".

(3) After paragraph (2) there shall be inserted -

" (2A) Regulations under paragraph (1)(b), so far as relating to striking out, may not provide for striking out on a ground which does not apply outside a pre-hearing review."

Costs, expenses and allowances

8. - (1) In Article 15 of the Industrial Tribunals Order (costs and expenses), for paragraph (1) there shall be substituted -

" (1) Industrial tribunal procedure regulations may include provision -

(a) for the award of costs or expenses;(b) for the award of any allowances payable under Article 7(2)(c) or (3).

(1A) Regulations under paragraph (1) may include provision authorising an industrial tribunal to have regard to a person's ability to pay when considering the making of an award against him under such regulations.

(1B) Industrial tribunal procedure regulations may include provision for authorising an industrial tribunal -

(a) to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative's conduct of the proceedings;(b) to order a representative of a party to proceedings before it to meet all or part of the costs or expenses incurred by a party by reason of the representative's conduct of the proceedings;(c) to order a representative of a party to proceedings before it to meet all or part of any allowances payable by the Department under Article 7(2)(c) or (3) by reason of the representative's conduct of the proceedings.

(1C) Industrial tribunal procedure regulations may also include provision for taxing or otherwise settling the costs or expenses referred to in paragraph (1)(a)...

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