PART 1 U.K.GENERAL

Northern Ireland U.K.

4.  These Regulations apply to Northern Ireland with the following modifications–

(a) for any reference to an employment tribunal there shall be substituted a reference to an industrial tribunal within the meaning of section 42(5) of the Interpretation Act (Northern Ireland) 1954 M1 ;

(b) in regulation 2(1) for the definition of “collective agreement” there shall be substituted the following definition–

““collective agreement” means a collective agreement within the meaning of Article 2(2) of the Industrial Relations (Northern Ireland) Order 1992 M2 , the trade union parties to which are independent trade unions within the meaning of that Article;”;

(c) in regulation 11(4) for the words “Sections 221 to 224 of the Employment Rights Act 1996” there shall be substituted the words “Articles 17 to 20 of the Employment Rights (Northern Ireland) Order 1996 M3 ”

(d) in regulation 11(5) for the words “sections 227 and 228” there shall be inserted the words “Articles 23 and 24”;

[F1 (da) in regulation 19A(1)(a) for the words “subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings)” substitute “paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact the Labour Relations Agency before instituting proceedings)”;

(db) in regulation 19A(1)(b) for the words “(by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section” substitute “(by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article”;]

(e) in regulation 20(2)(a) for the words “a conciliation officer has taken action under [F2 any of sections 18A to 18C] of the Employment Tribunals Act 1996 (conciliation)” there shall be substituted the words “the Labour Relations Agency has taken action under Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996 M4 (conciliation)”;

(f) in regulation 20(2)(b) for the words “[F3 section 18(1)(r)] of the Employment Tribunals Act 1996” there shall be substituted the words “Article 20(1)(l) of the Industrial Tribunals (Northern Ireland) Order 1996”.

Textual Amendments

F1 Reg. 4(da)(db) inserted (N.I.) (27.1.2020) by The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020 (S.R. 2020/4), art. 1, Sch. para. 28(2)

F2 Words in reg. 4(e) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 27

F3 Words in reg. 4(f) substituted (E.W.S.) (6.4.2014) by The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 (S.I. 2014/431), art. 1, Sch. para. 33(a)

Marginal Citations

M1 1954 c. 33 (N.I.); section 42(5) was substituted by paragraph 1 of Schedule 1 to the Industrial Tribunals (Northern Ireland) Order 1996, S.I. 1996/1921 (N.I. 18).

M2 S.I. 1992/807 (N.I.5); the definition of “collective agreement” was amended by Schedule 2 to the Trade Union and Labour Relations (Northern Ireland) Order 1995, S.I. 1995/1980 (N.I. 12).

M3 S.I. 1996/1919 (N.I.16).

M4 S.I. 1996/1921 (N.I. 18); Article 20 was amended by paragraph 10 of Schedule 2 to the Race Relations (Northern Ireland) Order 1997, S.I. 1997/869 (N.I. 6); by paragraph 20 of Schedule 1 to the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998, S.I. 1998/1265 (N.I. 8); by section 30(2) of the National Minimum Wage Act 1998 (c. 39); by paragraph 5 of Schedule 2 to the Employment (Northern Ireland) Order 2002, S.I. 2002/2836 (N.I. 2); by regulation 33 of the Working Time Regulations (Northern Ireland) 1998, S.R. (N.I.) 1998 No. 386; by regulation 33(2) of the Transnational Information and Consultation of Employees Regulations 1999, S.I. 1999/3233; by paragraph 2 of the Schedule to the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000, S.R. (N.I.) 2000 No. 219; by paragraph 3 of Part I of Schedule 2 to the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002, S.R. (N.I.) 2002 No. 298; by paragraph 5 of Schedule 2 to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003, S.I. 2003/3049; by paragraph 1 of Schedule 5 to the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 S.R. (N.I.) 2003 No. 497; by regulations 3 and 30 of the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004, S.R. (N.I.) 2004 No 55 and by paragraph 4 of Schedule 2 to these Regulations..