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

Made
Coming into operation
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: