The Fair Employment and Treatment (Northern Ireland) Order 1998

Procedure for matters within jurisdiction of industrial tribunal N.I.

85.—(1) This Article applies where a complaint has been made to the Tribunal under Article 38 and it appears to the President or Vice-President that the complaint is one in respect of which—

[F1 (a) a complaint could be made to an industrial tribunal by the complainant under any other statutory provision; or

(b) such a complaint has been made, but the proceedings in the industrial tribunal in relation to that complaint have not been disposed of.]

(2) Where this Article applies and the President or Vice-President considers that any matters which would otherwise fall to be determined by an industrial tribunal could appropriately be heard and determined by the Tribunal, he may direct that those matters shall be so heard and determined.

(3) Where a direction is made under paragraph (2) that any matters shall be heard and determined by the Tribunal, then—

(a) for the purpose of complying with that direction, the Tribunal shall, in relation to those matters, have the jurisdiction, and may exercise all the powers, of an industrial tribunal;

(b) none of the following [F2 (if otherwise relevant to the industrial tribunal proceedings)], namely—

(i) Article 63(3) of the Sex Discrimination (Northern Ireland) Order 1976;

(ii) Article 11(5) of the [1996 NI 18.] Industrial Tribunals (Northern Ireland) Order 1996;

(iii) Article 52(3) of the Race Relations (Northern Ireland) Order 1997,

[F3 (iv) regulation 34(4) of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003,]

[F4 (v) regulation 41(4) of the Employment Equality (Age) Regulations (Northern Ireland) 2006,]

shall apply in relation to the hearing and determination of those matters by the Tribunal;

(c) Articles 16 and 17 of the [1996 NI 18.] Industrial Tribunals (Northern Ireland) Order 1996 (recovery of, and interest on, sums awarded by industrial tribunals) shall apply in relation to any sum payable in pursuance of a decision of the Tribunal in relation to any such matters as it applies in relation to a sum payable in pursuance of a decision of an industrial tribunal; and

(d) Article 22 of the Industrial Tribunals (Northern Ireland) Order 1996 (appeals against decisions of industrial tribunals) shall apply in relation to a decision of the Tribunal in relation to any such matter as it applies in relation to a decision of an industrial tribunal.

F1 Art. 85(1)(a)(b) substituted (3.4.2011) by Employment Act (Northern Ireland) 2011 (c. 13), ss. 11(2), 17(1); S.R. 2011/159, art. 2

F2 Words in art. 85(3)(b) inserted (3.4.2011) by Employment Act (Northern Ireland) 2011 (c. 13), ss. 11(3), 17(1); S.R. 2011/159, art. 2

F3 SR 2003/497

F4 Art. 85(3)(b)(v) inserted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), reg. 53(1), Sch. 7 para. 5(3) (with reg. 50)