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Employment Act (Northern Ireland) 2011
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Determination of industrial tribunal proceedings without hearing
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5. In the Industrial Tribunals (Northern Ireland) Order 1996 (NI 18), in Article 9 (industrial tribunal procedure regulations), after paragraph (3A) insert—
“(3AA) Industrial tribunal procedure regulations under paragraph (3A) may only authorise the determination of proceedings without any hearing in circumstances where—
(a)all the parties to the proceedings consent in writing to the determination without a hearing, or
(b)the person (or, where more than one, each of the persons) against whom the proceedings are brought—
(i)has presented no response in the proceedings, or
(ii)does not contest the case.
(3AB) For the purposes of paragraph (3AA)(b), a person does not present a response in the proceedings if he presents a response but, in accordance with provision made by the regulations, it is not accepted.”.
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