PART VIIDUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES

Enquiries, undertakings and directions

Directions58

1

The directions contained in a notice served under Article 57(3) shall be those which the Commission considers to be, in all the circumstances, reasonable and appropriate for the purpose in question.

2

The directions may in particular include such directions as the Commission considers necessary to ensure that other directions are duly carried out.

3

The terms of the directions contained in a notice served under Article 57(3)(b)(i) which supersede an undertaking shall be such as, in the opinion of the Commission, are not substantially more onerous than the terms of the undertaking.

4

A notice served under Article 57(3)(a) or (b)(i) shall inform the employer of the right of appeal against the directions which is conferred by Article 15.

5

The Commission, on the written application of the employer, may—

a

revoke all of the directions; or

b

modify the directions in accordance with the application—

i

by revoking any of them; or

ii

by substituting new directions for all or any of them,

and, in substitution for any directions which are revoked under sub-paragraph (a), may accept from the employer an undertaking such as is mentioned in Article 57(2).

6

The Commission shall serve notice of the revocation or modification on the employer.

7

The directions—

a

are binding on the employer (except to the extent that they are quashed, or other directions are substituted for them, by the Tribunal under Article 15); and

b

are enforceable only in accordance with Article 16.