Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

Help for persons suffering discrimination N.I.

[F1 28 Help for aggrieved persons in obtaining information etc. N.I.

(1) With a view to helping a person (“the person aggrieved”) who considers that another person may have unlawfully discriminated against him to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Department shall by regulations prescribe—

(a) forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant, and

(b) forms by which the respondent may if he so wishes reply to any questions.

(2) Where the person aggrieved questions the respondent (whether in accordance with regulations under subsection (1) or not)—

(a) the question, and any reply by the respondent (whether in accordance with the regulations or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings, and

(b) if it appears to the Tribunal that the respondent deliberately and without reasonable cause omitted to reply within a reasonable period or that his reply is evasive or equivocal, the Tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.

(3) The Department may by regulations—

(a) prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a), and

(b) prescribe the manner in which a question, and any reply by the respondent, may be duly served.

(4) A statutory rule containing regulations under this section shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) M1 1954 (meaning of ’’subject to negative resolution’’) shall apply as if the power to make the regulations were conferred by a Measure of the Northern Ireland Assembly.

(5) In this section “respondent” includes a prospective respondent.]

Textual Amendments

F1 Ss. 24–29 substituted for ss. 24–31 by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 50(1)(2)

Marginal Citations

M1 1954 c.33 (N.I.).

[F2 29 Advice and assistance by Commission. N.I.

(1) Where a prospective complainant requests the Commission in writing for advice in relation to prospective proceedings under this Part, the Commission shall give him such advice unless it considers that the request is frivolous.

(2) Where, in relation to proceedings or prospective proceedings under this Part, an individual who is an actual or prospective complainant applies to the Commission for assistance under this subsection, the Commission shall consider the application and may grant it if it thinks fit to do so on the ground that—

(a) the case raises a question of principle, or

(b) it is unreasonable, having regard to the complexity of the case or the applicant’s position in relation to the respondent, or another person involved, or to any other matter to expect the applicant to deal with the case unaided,

or by reason of any other special consideration.

(3) Assistance given by the Commission under subsection (2) may include—

(a) giving advice to an actual complainant,

(b) procuring or attempting to procure the settlement of any matter in dispute,

(c) arranging for the giving of advice or assistance by a solicitor or counsel,

(d) arranging for representation by any person including all such assistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and

(e) any other form of assistance which the Commission may consider appropriate.]

Textual Amendments

F2 Ss. 24–29 substituted for ss. 24–31 by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 50(1)(2)

32 Power of court to revise contracts. N.I.

(1) Where a term is included in or omitted from a contract in contravention of any provision of this Part or in consequence of such a contravention, then, notwithstanding that the making of the contract is an unlawful act, neither the contract nor any part of it is unenforceable by reason only of the contravention; [F3 but this subsection has effect subject to subsection (1A)]

[F4 (1A) Where a complaint has been presented to the Tribunal under section 24, the complainant or respondent may apply to the High Court to revise the contract or any of its terms.]

(2) On such an application the court may make such order as it considers just in all the circumstances revising the contract or any of its terms so as to secure that, as from the date of the order, the contract in no way contravenes, or has any effect in consequence of a contravention of, any provision of this Part.

(3) Where the court makes an order under this section, every party to the contract, whether or not a party in the action, shall be bound by the order; but the court shall not make such an order which affects a party to the contract who is not a party in the action without giving him an opportunity of being heard.

Textual Amendments

F3 Words substituted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 50(2), 51(1), 60(2)

F4 S. 32(1A) inserted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 50(2), 51(2), 60(2)

[F5 32A Restrictions on contracting out. N.I.

(1) Except as provided by subsection (2), any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—

(a) to exclude or limit the operation of any provision of this Part; or

(b) to preclude any person from presenting a complaint to the Tribunal under section 24.

(2) Subsection (1) shall not apply to any agreement to refrain from instituting or continuing any proceedings before the Tribunal where the Labour Relations Agency has taken action in accordance with section 25(1) or (2).]

Textual Amendments

F5 S. 32A inserted (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 106(1); S.R. 1992/212, art.2(4).

Modifications etc. (not altering text)

C1 S. 32A extended (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 106(2); S.R. 1992/212, art.2(4).