http://www.legislation.gov.uk/nisr/2005/150/contents/made

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Employment tribunals

National security

Hearings

Health and safety requirements

Sexual orientation

Government Printer for Northern Ireland

2022-07-05

EMPLOYMENT

These Regulations revoke and replace the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 as amended. They have been drafted in simpler language and have been re-numbered and re-ordered. In addition to minor and drafting amendments and the updating of statutory and other references, these Regulations make the following changes of substance.

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 1(1)(a)-(f)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 2(1)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 11(7)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 2(2)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 1(5)(c)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(a)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 4(4)(d)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(b)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 4(6)(a)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(c)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 4(7)(a)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(c)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 8(4)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(d)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 10(2)(c)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(e)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 10(2)(d)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(f)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 10(5)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(g)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 13(1)(b)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(h)(i)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 13(1)(b)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(h)(ii)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 13(2)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(i)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 18(5)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(j)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 18(6)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(k)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 18(7)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(l)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 19

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(m)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 22(4)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(n)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 22(5)(d)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(o)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 22(5)(e)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(o)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 25(4)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(p)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 25(5)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(q)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 27(2)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(r)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 35(2)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(s)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 54(2)(a)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(1)(t)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 2

rule 3(2)

(3)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(2)(a)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 2

rule 4(1)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(2)(b)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 2

rule 4(2)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(2)(c)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 2

rule 8(4)(a)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(2)(c)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 2

rule 8(5)(a)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(2)(c)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 2

rule 8(6)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(2)(c)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 4

rule 2

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(3)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 5

rule 2(e)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(4)(a)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 5

rule 5(1)(b)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(4)(a)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 5

rule 8(3)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(4(b)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 6

rule 2(e)

The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations (Northern Ireland) 2005

reg. 3(5)

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 2(1)

Northern Ireland Act 2009

Sch. 4

para. 43

Sch. 5

para. 16

s. 5(7)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 4(1)(a)

Northern Ireland Act 2009

Sch. 4

para. 44(2)

Sch. 5

para. 16

s. 5(7)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 4(2)

Northern Ireland Act 2009

Sch. 4

para. 44(2)

Sch. 5

para. 16

s. 5(7)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 4(2A)

Northern Ireland Act 2009

Sch. 4

para. 44(3)

Sch. 5

para. 16

s. 5(7)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2009

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

para. 57

The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Sch.

para. 6

reg. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 2(1)

The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

reg. 160(a)

reg. 6-9

reg. 1(2)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 2(1)

The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

reg. 160(b)

reg. 6-9

reg. 1(2)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 12(3)(c)

The Control of Major Accident Hazards Regulations (Northern Ireland) 2015

reg. 23(6)

reg. 3(2)

reg. 1

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 5

The Control of Major Accident Hazards Regulations (Northern Ireland) 2015

reg. 23(6)

reg. 3(2)

reg. 1

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

reg. 4(2A)

Department of Justice Act (Northern Ireland) 2010

Sch. 1

para. 18

s. 3(2)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2010

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regs.

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2012

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020

Sch. 4

Pt. 1

reg. 18

reg. 1(2)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2014

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2008

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2006

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 1

rule 22(5)(e)

The Working Time (Amendment) Regulations (Northern Ireland) 2007

reg. 3

reg. 1

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Regulations

The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2007

art. 6(5)

art. 1(1)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Sch. 5

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

reg. 27(4)

regs. 3(4)

regs. 3(5)

reg. 2(4)

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

1Citation, commencement and revocation

2Interpretation

3Overriding objective

4Panels of members of tribunals – general

5Composition of tribunals – general

6Panels of members of tribunals – national security proceedings

7Composition of tribunals – national security proceedings

8Modification of Article 6 of the Industrial Tribunals Order (national security proceedings)

9Practice directions

10Power to prescribe

11Calculation of time limits

12Application of Schedules 1-6 to proceedings

13Register

14Proof of decisions of tribunals

15Transitional provisions

SCHEDULE 1INDUSTRIAL TRIBUNAL RULES OF PROCEDURE

How to bring a claim

1Starting a claim

Acceptance of claim procedure

2What the tribunal does after receiving the claim

3When the claim will not be accepted by the Secretary

Response

4Responding to the claim

Acceptance of response procedure

5What the tribunal does after receiving the response

6When the response will not be accepted by the Secretary

7Counterclaims

Consequences of a response not being presented or accepted

8Default judgements

9Taking no further part in the proceedings

Case management

10General power to manage proceedings

11Applications in proceedings

12Chairman acting on his own initiative

13Compliance with orders and practice directions

Different types of hearing

14Hearings – general

15Use of electronic communications

16Hearings which may be held in private

Case management discussions

17Conduct of case management discussions

Pre-hearing reviews

18Conduct of pre-hearing reviews

19Notice requirements

Payment of a deposit

20Requirement to pay a deposit in order to continue with proceedings

Conciliation

21Documents to be sent to conciliators

22Fixed period for conciliation

23Early termination of conciliation period

24Effect of staying proceedings on the conciliation period

Withdrawal of proceedings

25Right to withdraw proceedings

The hearing

26Hearings

27What happens at the hearing

Orders, decisions and reasons

28Orders and decisions

29Form and content of decisions

30Reasons

31Absence of chairman

32Entry of decisions and reasons in the Register

Power to review decisions

33Review of default judgements

34Review of other decisions

35Preliminary consideration of application for review

36The review

37Correction of orders, decisions or reasons

Costs orders

38General powers to make costs orders

39When a costs order must be made

40When a costs order may be made

41The amount of a costs order

Preparation time orders

42General power to make preparation time orders

43When a preparation time order must be made

44When a preparation time order may be made

45Calculation of a preparation time order

46Restriction on making costs orders and preparation time orders

47Costs or preparation time orders when a deposit has been taken

Wasted costs orders against representatives

48Personal liability of representatives for costs

Powers in relation to specific types of proceedings

49Sexual offences and the Register

50Restricted reporting orders

51Proceedings involving the Northern Ireland National Insurance Fund

52Collective agreements

53Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981

54National security proceedings

55Dismissals in connection with industrial action

56Devolution issues

57References to the European Court of Justice

58Transfer of proceedings from a court

General provisions

59Powers

60Notices, etc.

SCHEDULE 2INDUSTRIAL TRIBUNALS (NATIONAL SECURITY) RULES OF PROCEDURE

1Application of Schedule 2

2Notification of national security proceedings

3Responding to a claim

4Serving of documents by the Secretary

5Default judgement

6Witness orders and discovery of documents

7Case management discussions and pre-hearing reviews

8Special advocate

9Hearings

10Reasons in national security proceedings

11Correction of written reasons

12Review of decisions

SCHEDULE 3INDUSTRIAL TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE

1General

2General power to manage proceedings

3Conduct of stage 1 equal value hearing

4Standard orders for stage 1 equal value hearing

5Involvement of independent expert in fact finding

6Conduct of stage 2 equal value hearing

7Standard orders for stage 2 equal value hearing

8The hearing

9Duties and powers of the independent expert

10Use of expert evidence

11Written questions to experts

12Procedural matters

13National security proceedings

ANNEX

SCHEDULE 4INDUSTRIAL TRIBUNALS (LEVY APPEALS) RULES OF PROCEDURE

1Application of Schedule 1

2Notice of appeal

3Action on receipt of appeal

4Requests for further information

5Withdrawal of appeal or assessment

6Entry of appeal

7Order for further information

8Provisions of Schedule 1 which do not apply to levy appeals

9Modification of Schedule 1

ANNEX

SCHEDULE 5INDUSTRIAL TRIBUNALS (HEALTH AND SAFETY – APPEALS AGAINST IMPROVEMENT AND PROHIBITION NOTICES) RULES OF PROCEDURE

1Application of Schedule 1

2Notice of appeal

3Time limit for bringing appeal

4Action on receipt of appeal

5Application for a direction suspending the operation of a prohibition notice

6General power to manage proceedings

7Appointment of an assessor

8Right to withdraw proceedings

9Costs

10Provisions of Schedule 1 which do not apply to appeals against improvement notices or prohibition notices

11Modification of Schedule 1

SCHEDULE 6INDUSTRIAL TRIBUNALS (NON-DISCRIMINATION NOTICES APPEALS) RULES OF PROCEDURE

1Application of Schedule 1

2Notice of appeal

3Action on receipt of appeal

4Provisions of Schedule 1 which do not apply to appeals against non-discrimination notices

5Modification of Schedule 1

2005 No. 150

EMPLOYMENT

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Made22nd March 2005

Coming into operation3rd April 2005

The Department for Employment and Learning1, in exercise of the powers conferred on it by Article 26(1) of the Health and Safety at Work (Northern Ireland) Order 19782, Articles 3(1), 6(6)3 and (6A)4, 9(1), (2), (3)5, (3ZA)6, (3A)7 and (5), 9A(1) and (2)8, 11(1)9, (2) and (4), 12(2), (5), (6) and (7), 12A(1)10, 13(1), 14(2), 15(1), (1A), (1B), (1C)11 and (2), 15A12, 2113 and 25(5) of the Industrial Tribunals (Northern Ireland) Order 199614, and now vested in it15, and of all other powers enabling it in that behalf, hereby makes the following Regulations: