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

Interpretation N.I.

1.—(1) In these Rules—

“Agency” means the Labour Relations Agency;

“case management order” means an order or decision of any kind in relation to the conduct of proceedings, not including the determination of any issue which would be the subject of a judgment;

“claim” means any proceedings before a tribunal making a complaint;

“claimant” means the person bringing the claim;

“Commission” means the Equality Commission for Northern Ireland;

“complaint” means anything that is referred to as a claim, complaint, reference, application or appeal in any statutory provision which confers jurisdiction on a tribunal;

“disclosure”, for the purposes of rules 24 and 27, means stating that a document exists or has existed;

“early conciliation certificate” means a certificate issued by the Agency in accordance with the Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020(1);

“early conciliation exemption” means an exemption contained in regulation 3(1) of the Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020;

“early conciliation number” means the unique reference number which appears on an early conciliation certificate;

“electronic communication” has the meaning given to it by section 4(1) of the Electronic Communications (Northern Ireland) Act 2001(2);

“employee panel” means a panel of persons appointed by the Department after consultation with such organisations or associations of organisations representative of employees as it sees fit;

“employer panel” means a panel of persons appointed by the Department after consultation with such organisations or associations of organisations representative of employers as it sees fit;

“employee’s contract claim” means a claim brought by an employee in accordance with Articles 3 and 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994(3);

“employer’s contract claim” means a claim brought by an employer in accordance with Articles 4 and 8 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994;

“employment judge” means one of—

(a)

the President;

(b)

the Vice-President;

(c)

a member of the panel of employment judges,

and in relation to particular proceedings it means the employment judge to whom the proceedings have been referred by the President or the Vice-President;

“Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996(4);

“Fair Employment and Treatment Order” means the Fair Employment and Treatment (Northern Ireland) Order 1998;

“Fair Employment Tribunal” means the Fair Employment Tribunal for Northern Ireland established in accordance with regulation 5;

“industrial tribunal” means an industrial tribunal established in accordance with regulation 4;

“Industrial Tribunals Order” means the Industrial Tribunals (Northern Ireland) Order 1996;

“judgment” means a decision made at any stage of the proceedings, but not including a decision under rule 12 or 17 (reconsideration of rejection), which finally determines—

(a)

a claim, or part of a claim, as regards liability, remedy or costs (including preparation time and wasted costs); or

(b)

any issue which is capable of finally disposing of any claim, or part of a claim, even if it does not necessarily do so (for example, whether a claim should be struck out or a jurisdictional issue);

“panel of employment judges” means a panel of persons appointed by the Northern Ireland Judicial Appointments Commission meeting any of the qualifications in Article 82(2) of the Fair Employment and Treatment Order;

“prescribed form” means any appropriate form prescribed by the Department in accordance with regulation 15;

“present” means deliver (by any means permitted under rule 82) to the tribunal office;

“President” means the President of the Industrial Tribunals and the Fair Employment Tribunal appointed under Article 82(1)(a) of the Fair Employment and Treatment Order or the person nominated by the Northern Ireland Judicial Appointments Commission under Article 82(6) of that Order to discharge for the time being the functions of the President;

“register” means the register of judgments and written reasons kept in accordance with regulation 16;

“relevant proceedings” means proceedings listed in Article 20(1) of the Industrial Tribunals Order or proceedings under Article 38 of the Fair Employment and Treatment Order;

“respondent” means the person against whom a claim is made;

“Secretary” means a person for the time being appointed to act as the Secretary of the tribunal (and any function of the Secretary may be performed by a person acting with the authority of the Secretary);

“tribunal”, unless otherwise specified, means—

(a)

any industrial tribunal or Fair Employment Tribunal; and

(b)

in relation to particular proceedings, the industrial tribunal or Fair Employment Tribunal to which those proceedings relate;

“tribunal office” means the Office of the Industrial Tribunals and the Fair Employment Tribunal;

“Vice-President” means the Vice-President of the Industrial Tribunals and the Fair Employment Tribunal or the person nominated by the Northern Ireland Judicial Appointments Commission under Article 82(6) of the Fair Employment and Treatment Order to discharge for the time being the functions of the Vice-President;

“writing” includes writing delivered by means of electronic communication.

(2) Any reference in the Rules to a tribunal applies to a tribunal comprising of—

(a) an employment judge acting alone;

(b) an employment judge acting with one or two other members.

(3) An order or other decision of the tribunal is either a case management order or a judgment.

Commencement Information

I1 Sch. 1 para. 1 in operation at 27.1.2020, see reg. 1(2)

(1)

S.R. 2020 No. 2.

(2)

2001 c. 9; section 4(1) was amended by 2003 c. 21.

(3)

S.R. 1994 No. 308.

(4)

S.I. 1996/1969 (N.I. 16).