- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As made)
Point in time view as at 01/01/2006.
There are currently no known outstanding effects for the The Employment (Northern Ireland) Order 2003, Section 18.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
18.—(1) This Article applies to proceedings before the Fair Employment Tribunal relating to a complaint by an employee under Article 38 of the Fair Employment and Treatment Order.
(2) If, in the case of proceedings to which this Article applies, it appears to the Fair Employment Tribunal that—
(a)the complaint concerns a matter to which one of the statutory procedures applies,
(b)the statutory procedure was not completed before the proceedings were begun, and
(c)the non-completion of the statutory procedure was wholly or mainly attributable to failure by the employee—
(i)to comply with a requirement of the procedure, or
(ii)to exercise a right of appeal under it,
it shall, subject to paragraph (4), reduce any award of compensation which it makes to the employee by 10 per cent, and may, if it considers it just and equitable in all the circumstances to do so, reduce it by a further amount, but not so as to make a total reduction of more than 50 per cent.
(3) If, in the case of proceedings to which this Article applies, it appears to the Fair Employment Tribunal that—
(a)the claim to which the proceedings relate concerns a matter to which one of the statutory procedures applies,
(b)the statutory procedure was not completed before the proceedings were begun, and
(c)the non-completion of the statutory procedure was wholly or mainly attributable to failure by the employer to comply with a requirement of the procedure,
it shall, subject to paragraph (4), increase any award which it makes to the employee by 10 per cent and may, if it considers it just and equitable in all the circumstances to do so, increase it by a further amount, but not so as to make a total increase of more than 50 per cent.
(4) The duty under paragraph (2) or (3) to make a reduction or increase of 10 per cent does not apply if there are exceptional circumstances which would make a reduction or increase of that percentage unjust or inequitable, in which case the Fair Employment Tribunal may make no reduction or increase or a reduction or increase of such lesser percentage as it considers just and equitable in all the circumstances.
(5) Where an award falls to be adjusted under this Article and under Article 28, the adjustment under this Article shall be made before the adjustment under that Article.
(6) The Department may for the purposes of this Article by regulations—
(a)make provision about the application of the statutory procedures;
(b)make provision about when a statutory procedure is to be taken to be completed;
(c)make provision about what constitutes compliance with a requirement of a statutory procedure;
(d)make provision about circumstances in which a person is to be treated as not subject to, or as having complied with, such a requirement;
(e)make provision for a statutory procedure to have effect in such circumstances as may be specified by the regulations with such modifications as may be so specified;
(f)make provision about when an employee is required to exercise a right of appeal under a statutory procedure.
(7) The Department may by order—
(a)make provision for this Article not to apply to proceedings relating to a complaint under Article 38 of the Fair Employment and Treatment Order of a description specified in the order;
(b)make provision for this Article to apply, with or without modifications, as if—
(i)any individual of a description specified in the order who would not otherwise be an employee for the purposes of this Article were an employee for those purposes, and
(ii)a person of a description specified in the order were, in the case of any such individual, the individual's employer for those purposes.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: