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The Information and Consultation of Employees Regulations (Northern Ireland) 2005

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Complaint of failure to provide data

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6.—(1) An employee or an employees' representative who has requested data under regulation 5 may present a complaint to the Industrial Court that –

(a)the employer has failed to provide the data referred to in regulation 5(3); or

(b)the data which has been provided by the employer is false or incomplete in a material particular.

(2) Where the Industrial Court finds the complaint to be well-founded it shall make an order requiring the employer to disclose data to the complainant which order shall specify –

(a)the data in respect of which the Industrial Court finds that the complaint is well-founded and which is to be disclosed to the complainant;

(b)the date (or if more than one, the earliest date) on which the employer refused or failed to disclose data, or disclosed false or incomplete data; and

(c)a date, not being less than one week from the date of the order, by which the employer must disclose the data specified in the order.

(3) The Industrial Court shall not consider a complaint presented under this regulation unless it is made after the expiry of a period of one month beginning on the date on which the complainant made his request for data under regulation 5.

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