Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 2nd December 2003, make special provisions in relation to interest on awards and compensation orders made by industrial tribunals under the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (“the Sexual Orientation Regulations”).

These Regulations are made under section 2(2) of the European Communities Act 1972 and ensure that the remedies available under the Sexual Orientation Regulations comply with Article 17 of Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment (O.J. No. L303, 2.12.2000, p. 16) so far as it relates to discrimination on grounds of sexual orientation.

Regulation 2 enables an industrial tribunal which makes an award or order of compensation under the Sexual Orientation Regulations to include a sum by way of interest on the amount awarded. Regulation 3 provides that such interest is to be calculated as simple interest which accrues from day to day and specifies the rate of interest to be used. Regulations 4 to 6 contain rules for the calculation of interest. There is also provision for the industrial tribunal to depart from these rules where it is of the opinion that serious injustice would be done if the rules were to be applied. Regulation 7 provides that written details must be given of the calculation of interest and that reasons must be given if no interest is awarded.

Regulation 8 alters the effect of the Industrial Tribunals (Interest) (Northern Ireland) Order 1990 (“the 1990 Order”) as it applies to an award or order of compensation made under the Sexual Orientation Regulations (including any interest awarded under regulation 2 of these Regulations). In relation to such an award, interest will begin to accrue from the day after the day in which the tribunal’s decision is sent to the parties (and not from a date 42 days later); however no interest will be payable under the 1990 Order if the full amount of the award is paid to the complainant within 14 days after the decision is sent out.