The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

1. Introductory Text

2. 1. Citation, commencement and revocation

3. 2. Interpretation

4. 3. Overriding objective

5. 4. Panels of members of tribunals – general

6. 5. Composition of tribunals – general

7. 6. Panels of members of tribunals – national security proceedings

8. 7. Composition of tribunals – national security proceedings

9. 8. Modification of Article 6 of the Industrial Tribunals Order (national security proceedings)

10. 9. Practice directions

11. 10. Power to prescribe

12. 11. Calculation of time limits

13. 12. Application of Schedules 1-6 to proceedings

14. 13. Register

15. 14. Proof of decisions of tribunals

16. 15. Transitional provisions

17. Signature

18. 1. SCHEDULE 1

       INDUSTRIAL TRIBUNAL RULES OF PROCEDURE

       1. How to bring a claim

          1. 1. Starting a claim

       2. Acceptance of claim procedure

          1. 2. What the tribunal does after receiving the claim

          2. 3. When the claim will not be accepted by the Secretary

       3. Response

          1. 4. Responding to the claim

       4. Acceptance of response procedure

          1. 5. What the tribunal does after receiving the response

          2. 6. When the response will not be accepted by the Secretary

          3. 7. Counterclaims

       5. Consequences of a response not being presented or accepted

          1. 8. Default judgements

          2. 9. Taking no further part in the proceedings

       6. Case management

          1. 10. General power to manage proceedings

          2. 11. Applications in proceedings

          3. 12. Chairman acting on his own initiative

          4. 13. Compliance with orders and practice directions

       7. Different types of hearing

          1. 14. Hearings – general

          2. 15. Use of electronic communications

          3. 16. Hearings which may be held in private

       8. Case management discussions

          1. 17. Conduct of case management discussions

       9. Pre-hearing reviews

          1. 18. Conduct of pre-hearing reviews

          2. 19. Notice requirements

       10. Payment of a deposit

           1. 20. Requirement to pay a deposit in order to continue with proceedings

       11. Conciliation

           1. 21. Documents to be sent to conciliators

           2. 22. Fixed period for conciliation

           3. 23. Early termination of conciliation period

           4. 24. Effect of staying proceedings on the conciliation period

       12. Withdrawal of proceedings

           1. 25. Right to withdraw proceedings

       13. The hearing

           1. 26. Hearings

           2. 27. What happens at the hearing

       14. Orders, decisions and reasons

           1. 28. Orders and decisions

           2. 29. Form and content of decisions

           3. 30. Reasons

           4. 31. Absence of chairman

           5. 32. Entry of decisions and reasons in the Register

       15. Power to review decisions

           1. 33. Review of default judgements

           2. 34. Review of other decisions

           3. 35. Preliminary consideration of application for review

           4. 36. The review

           5. 37. Correction of orders, decisions or reasons

       16. Costs orders

           1. 38. General powers to make costs orders

           2. 39. When a costs order must be made

           3. 40. When a costs order may be made

           4. 41. The amount of a costs order

       17. Preparation time orders

           1. 42. General power to make preparation time orders

           2. 43. When a preparation time order must be made

           3. 44. When a preparation time order may be made

           4. 45. Calculation of a preparation time order

           5. 46. Restriction on making costs orders and preparation time orders

           6. 47. Costs or preparation time orders when a deposit has been taken

       18. Wasted costs orders against representatives

           1. 48. Personal liability of representatives for costs

       19. Powers in relation to specific types of proceedings

           1. 49. Sexual offences and the Register

           2. 50. Restricted reporting orders

           3. 51. Proceedings involving the Northern Ireland National Insurance Fund

           4. 52. Collective agreements

           5. 53. Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981

           6. 54. National security proceedings

           7. 55. Dismissals in connection with industrial action

           8. 56. Devolution issues

           9. 57. References to the European Court of Justice

           10. 58. Transfer of proceedings from a court

       20. General provisions

           1. 59. Powers

           2. 60. Notices, etc.

    2. SCHEDULE 2

       INDUSTRIAL TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE

       1. 1. Application of Schedule 2

       2. 2. Notification of national security proceedings

       3. 3. Responding to a claim

       4. 4. Serving of documents by the Secretary

       5. 5. Default judgement

       6. 6. Witness orders and discovery of documents

       7. 7. Case management discussions and pre-hearing reviews

       8. 8. Special advocate

       9. 9. Hearings

       10. 10. Reasons in national security proceedings

       11. 11. Correction of written reasons

       12. 12. Review of decisions

    3. SCHEDULE 3

       INDUSTRIAL TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE

       1. 1. General

       2. 2. General power to manage proceedings

       3. 3. Conduct of stage 1 equal value hearing

       4. 4. Standard orders for stage 1 equal value hearing

       5. 5. Involvement of independent expert in fact finding

       6. 6. Conduct of stage 2 equal value hearing

       7. 7. Standard orders for stage 2 equal value hearing

       8. 8. The hearing

       9. 9. Duties and powers of the independent expert

       10. 10. Use of expert evidence

       11. 11. Written questions to experts

       12. 12. Procedural matters

       13. 13. National security proceedings

       14. ANNEX

    4. SCHEDULE 4

       INDUSTRIAL TRIBUNALS (LEVY APPEALS) RULES OF PROCEDURE

       1. 1. Application of Schedule 1

       2. 2. Notice of appeal

       3. 3. Action on receipt of appeal

       4. 4. Requests for further information

       5. 5. Withdrawal of appeal or assessment

       6. 6. Entry of appeal

       7. 7. Order for further information

       8. 8. Provisions of Schedule 1 which do not apply to levy appeals

       9. 9. Modification of Schedule 1

       10. ANNEX

    5. SCHEDULE 5

       INDUSTRIAL TRIBUNALS (HEALTH AND SAFETY – APPEALS AGAINST IMPROVEMENT AND PROHIBITION NOTICES) RULES OF PROCEDURE

       1. 1. Application of Schedule 1

       2. 2. Notice of appeal

       3. 3. Time limit for bringing appeal

       4. 4. Action on receipt of appeal

       5. 5. Application for a direction suspending the operation of a prohibition notice

       6. 6. General power to manage proceedings

       7. 7. Appointment of an assessor

       8. 8. Right to withdraw proceedings

       9. 9. Costs

       10. 10. Provisions of Schedule 1 which do not apply to appeals against improvement notices or prohibition notices

       11. 11. Modification of Schedule 1

    6. SCHEDULE 6

       INDUSTRIAL TRIBUNALS (NON-DISCRIMINATION NOTICES APPEALS) RULES OF PROCEDURE

       1. 1. Application of Schedule 1

       2. 2. Notice of appeal

       3. 3. Action on receipt of appeal

       4. 4. Provisions of Schedule 1 which do not apply to appeals against non-discrimination notices

       5. 5. Modification of Schedule 1

19. Explanatory Note