The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2024

Amendments to Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 N.I.

2.—(1) Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020(1) is amended as follows.

(2) In rule 9 (presenting the claim), for paragraph (1), substitute—

“(1) A claim shall be started by presenting to the tribunal office a completed claim form (using a prescribed form) in accordance with any practice direction made under regulation 14 which supplements this rule.”.

(3) For rule 10 (multiple claimants), substitute—

“10.   Two or more claimants may make their claims on the same claim form if their claims give rise to common or related issues of fact or law or if it is otherwise reasonable, in the opinion of the employment judge, for their claims to be made on the same claim form. Where two or more claimants wrongly include claims on the same claim form, this shall be treated as an irregularity falling under rule 7.”

(4) In rule 11(rejection) —

(a) in paragraph (1)—

(i) at the end of sub-paragraph (iii)(aa) omit “or”;

(ii) at the end of sub-paragraph (iii)(bb) for “.” substitute “; or”;

(iii) after sub-paragraph (iii)(bb) insert—

“(cc) where the early conciliation number on the claim form is not the same as the early conciliation number on the early conciliation certificate.”

(b) in paragraph (2)—

(i) at the end of sub-paragraph (b) for “.”, substitute “; or”;

(ii) after sub-paragraph (b), insert—

“(c) if paragraph (1)(c)(iii)(cc) applies and the employment judge considers that the claimant made an error in relation to an early conciliation number and it would not be in the interests of justice to reject the claim.”.

(5) In rule 12 (reconsideration of rejection)—

(a) for paragraph (4), substitute—

“(4) Subject to paragraph (5), if the employment judge decides that the original rejection was correct but the defect has been rectified, the claim shall be treated as presented on the date that the defect was rectified.”

(b) for paragraph (5), substitute—

“(5)  The claim (or part) shall be accepted from the date on which it is presented if the employment judge decides that either —

(a) the original rejection was wrong; or

(b) paragraph (4) applies but it would not be in the interests of justice to treat the claim (or part) as presented on the date that the defect was rectified.”

(6) In rule 15 (presenting the response)—

(a) in paragraph (2), for “they are responding to” substitute “the responses give rise to common or related issues of fact or law or it is reasonable, in the opinion of the employment judge, for the responses to be made on”.

(b) in paragraph (3), for “are based on the same set of facts” substitute “give rise to common or related issues of facts or law or if it is otherwise reasonable, in the opinion of the employment judge, for the claims to made on a single claim form”.

(7) In rule 19 (effect of non-presentation or rejection of response or case not being contested)—

(a) in paragraph (1), for “the claim shall proceed to early case management under rule 24” substitute, “paragraphs (2) and (3) shall apply”;

(b) for paragraph (2), substitute—

“(2) An employment judge shall decide whether on the available material (which may include further information which the parties are required by the employment judge to provide), a determination can properly be made of the claim, or part of it. To the extent that a determination can be made, the employment judge shall issue a judgement. Otherwise, a hearing shall be fixed before the employment judge.”.

(c) after paragraph (2), insert—

“(3) Where paragraph (2) applies, the respondent shall be entitled to notice of any hearings and decisions of the tribunal but, unless and until an extension of time is granted, shall only be entitled to participate in any hearing to the extent permitted by the employment judge”.

(8) In rule 23 (responding to an employer’s contract claim), omit the words “, and the claim shall proceed to early case management”.

(9) In rule 24 (early case management), omit the words “or the application of rule 19(1), whichever is earlier”.

(10) In rule 48 (fixing of preliminary hearings), in paragraph (1), omit the words “following early case management under rule 24” and “thereafter”.

(11) In rule 52 (notice of final hearing), after “final hearing” insert “unless the parties consent to a shorter notice”.

(12) In rule 53 (constitution of tribunal for final hearings), for paragraph (1), substitute—

“(1) Subject to Article 6(2) and (3) of the Industrial Tribunals Order and to paragraph (2), final hearings shall be conducted by a tribunal comprising an employment judge sitting alone or an employment judge and either one or two other members, in accordance with regulation 10.”.

(13) For rule 61 (entry of judgments and reasons in the register), substitute—

“61.   Subject to rule 44 (privacy and restrictions on disclosure), rules 91 and 92 (national security), and with the exception of judgments for withdrawn claims under rule 46, a copy shall be entered in the register of any judgment and of any written reasons for a judgment.”.

(14) In rule 73 (when a costs order or a preparation time order may or shall be made)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a) omit “or”;

(ii) at the end of sub-paragraph (b) for “.”, substitute “; or”;

(iii) after sub-paragraph (b) insert—

“(c) a hearing has been postponed or adjourned on the application of a party made less than 7 days before the date on which the relevant hearing begins.”.

Commencement Information

I1 Reg. 2 in operation at 12.12.2024, see reg. 1

(1)

S.R. 2020 No. 3