Fair Employment (Northern Ireland) Act 1976

Complaints of unlawful discrimination

24 Investigation of complaint of unlawful discrimination

(1) Subject to the provisions of this section, where a person makes a complaint in writing to the Agency alleging that unlawful discrimination has been committed against him by another person (" the respondent "), the Agency shall investigate the complaint (unless it considers that the complaint is frivolous).

(2) Where a person against whom unlawful discrimination is alleged to have been committed has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him ; and where a person who has made or continued a complaint dies or becomes unable to act, the complaint may be continued by the personal representative, or a member of the family, of the person against whom the discrimination is alleged to have been committed, or by such other individual as aforesaid.

(3) A complaint must be made before the expiration of—

(a) two months from the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of; or

(b) six months from the day on which the act was done, whichever first occurs; but the Agency may, if it thinks fit,

investigate a complaint made after the expiration of that period, if of the opinion that there are special circumstances which make it proper to do so.

(4) For the purposes of this section—

(a) where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract, and

(b) any act extending over a period shall be treated as done at the end of that period, and

(c) a deliberate omission shall be treated as done when the person in question does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it were to be done.

(5) The Agency shall not consider a complaint relating to an act which is unlawful by virtue of section 23, if the act is one in respect of which an appeal, or proceedings in the nature of an appeal, may be brought to a court under any enactment.

(6) Without prejudice to subsection (5), where the Agency is satisfied that the subject-matter of a complaint has been or is being considered by some other statutory body or by a person holding a statutory office, the Agency shall not be obliged to investigate the complaint; but it may do so, after consultation with that other body or person, if it thinks fit.

(7) Schedule 5 shall have effect with respect to the conduct of investigations under this section.

(8) Where the Agency is of the opinion that, by virtue of any provision of Part V, it is precluded from investigating, or continuing the investigation, of a complaint, the Agency shall serve on the complainant and the respondent a notice stating the opinion.

25 Finding following investigation; attempts at conciliation

(1) On completing its investigation of a complaint the Agency shall—

(a) form an opinion (its " finding ") whether or not unlawful discrimination has been committed by the respondent against the complainant; and

(b) use its best endeavours—

(i) to secure a settlement of any difference between the complainant and the respondent which was disclosed by the complaint, and

(ii) where the finding is that unlawful discrimination has been committed, to secure, if it is appropriate to do so, a satisfactory written undertaking by the respondent to comply with the terms of the settlement.

(2) As soon as reasonably practicable after arriving at its finding, the Agency shall serve on the complainant and the respondent a notice stating the finding and the reasons for it; and, if the finding is that unlawful discrimination has been committed, as soon as reasonably practicable thereafter the Agency shall serve on the complainant a notice stating whether or not the Agency has secured a settlement, or a settlement and undertaking, as mentioned in subsection (1)(b), and if so on what terms.

(3) A notice under subsection (2) stating the Agency's finding shall inform the complainant and the respondent of the right of appeal against the finding which is conferred by section 28.

(4) A finding that unlawful discrimination has been committed by the respondent against the complainant—

(a) shall not be questioned in any legal proceedings under this Act, except by appeal under section 28; and

(b) in any such proceedings, except on such an appeal, shall be evidence that the unlawful discrimination was committed.

26 Further attempts at conciliation: recommendations

(1) If the Agency's finding is that unlawful discrimination has been committed by the respondent against the complainant, and if a settlement and, where appropriate, a satisfactory undertaking have not been secured, then, unless the Agency decides that no further action by it is appropriate, it shall serve on the complainant and the respondent a notice containing recommendations as to the action to be taken by the respondent to dispose of the difference disclosed by the complaint.

(2) The recommendations may be contained in a notice served under section 25(2) or in a subsequent notice.

(3) Where such an undertaking has already been secured but has not been complied with, the Agency, unless it decides that no further action by it is appropriate, shall either—

(a) serve on the complainant and the respondent a notice such as is mentioned in subsection (1); or

(b) proceed to institute an action under section 30 by way of a claim in tort in respect of the unlawful discrimination.

(4) Without prejudice to the Agency's power to make any relevant recommendation, the recommendations may include a recommendation for the submission for consideration for employment, or for the employment, re-employment, admission to membership or reinstatement, of, or for the provision of any service for, the affording of access to any benefit to, the removal of any detriment from, or the conferment of any qualification on, the person against whom the unlawful discrimination was committed, and may also include a recommendation for the payment by the respondent of compensation such as is mentioned in section 31(1) (including compensation payable only in the event of some other recommendation not being complied with).

(5) The Agency, on the respondent's written application, may—

(a) revoke all of the recommendations ; or

(b) modify the recommendations in accordance with the application—

(i) by revoking any of them, or

(ii) by substituting new recommendations for all or any of them ;

and, in substitution for any recommendations which are revoked under paragraph (a), may accept from the respondent a satisfactory written undertaking to comply with the terms of any settlement which may have been reached in order to dispose of the difference disclosed by the complaint.

(6) The Agency shall serve on the complainant and the respondent notice of any revocation or modification of the recommendations under subsection (5), and shall serve on the complainant notice of the terms of any undertaking accepted under that subsection.

(7) Any reference in the succeeding provisions of this Act to recommendations made by the Agency—

(a) does not include recommendations revoked under subsection (5)(a); and

(b) where the recommendations have been modified under subsection (5)(b), is to them as so modified.

(8) Where—

(a) a settlement such as is mentioned in section 25 or this section, or

(b) a recommendation under subsection (1) or (5),

provides for the payment of any sum by the respondent to the complainant, then, if the Agency has made any payment to the complainant in respect of expenses or allowances as mentioned in Schedule 5, paragraph 11, a sum equal to the amount of that payment shall be a first charge for the benefit of the Agency on the sum so provided for, unless the Agency in any particular case waives that charge.

27 Remedying of practices excluding equality of opportunity which are disclosed on investigation of complaint

Where, following its investigation of a complaint, the Agency (whether or not its finding is that unlawful discrimination has been committed by the respondent against the complainant) is of the opinion that the respondent has failed to afford equality of opportunity in relation to persons of any class, the Agency shall use its best endeavours to ensure that action such as is mentioned in section 13(1) is taken and that, where appropriate, an undertaking is given as there mentioned, and, without prejudice to the operation of any provision of this Part in consequence of the Agency's finding, the provisions of this Act shall have effect as if the Agency had formed that opinion following an investigation under section 12.