Fair Employment (Northern Ireland) Act 1976

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.