The Fair Employment and Treatment (Northern Ireland) Order 1998 No. 3162 (NI. 21)

PART IX N.I. THE FAIR EMPLOYMENT TRIBUNAL

Other methods of dispute resolution N.I.

[F1 Conciliation before complaint to Tribunal: other Labour Relations Agency duties N.I.

88ZB— (1) This Article applies where—

(a) a person contacts the Agency requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to a complaint being presented to the Tribunal under Article 38 against that person, and

(b) the Agency has not received information from the prospective complainant under Article 88ZA(1).

(2) This Article also applies where—

(a) a person contacts the Agency requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to a complaint being presented to the Tribunal under Article 38 by that person, and

(b) the requirement in Article 88ZA(1) would apply to that person but for Article 88ZA(7).

(3) Where this Article applies a conciliation officer shall endeavour to promote a settlement between the persons who would be the complainant and the respondent if a complaint were presented to the Tribunal under Article 38.

(4) If at any time—

(a) the conciliation officer concludes that a settlement is not possible, or

(b) a conciliation officer comes under the duty in Article 88ZA(3) to promote a settlement between the persons who would be the complainant and the respondent,

the duty in paragraph (3) ceases to apply at that time.

(5) In paragraphs (3) and (4) “settlement” means a settlement that avoids a complaint being presented to the Tribunal under Article 38.]

F1 Arts. 88ZA-88ZC inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 5(2), 29(2); S.R. 2020/1, art. 2(d)