Fair Employment (Northern Ireland) Act 1989

37 Power to secure further undertakings or issue further directions

(1) Subsection (2) below applies where, by reason of any undertaking or directions under section 12 of this Act, any directions substituted for such directions by the Tribunal or any order made by the Tribunal for the purpose of giving effect to any such undertaking or directions, a notice has been served on any person under section 36(2) of this Act.

(2) If, while the notice has effect, the Commission forms the opinion—

(a) that the progress specified in the notice in respect of any period has not been made, and

(b) that the person concerned ought to take action for promoting equality of opportunity in addition to the action required to be taken under the existing undertaking or directions,

section 12 of this Act shall again apply in relation to the person concerned as if the Commission had conducted a fresh investigation under section 11 of this Act.

(3) Where, by virtue of this section, the Commission secures a written undertaking from the person concerned or serves a notice on him containing directions—

(a) the undertaking or directions shall have effect in place of the existing undertaking or directions, and

(b) any notice previously served on him under section 36(2) of this Act shall cease to have effect, but without prejudice to any power to give a new notice under that subsection.