The Education (Modification of Statutory Provisions Relating to Employment) Order (Northern Ireland) 1991

Applications to tribunals

6.—(1) Without prejudice to anything in Articles 3 and 4 and not-withstanding any provision in—

(a) the Fair Employment (Northern Ireland) Acts(1); or

(b) any regulations made under section 5 of the Fair Employment (Northern Ireland) Act 1989(2); or

(c) the Industrial Relations (Northern Ireland) Order 1976; or

(d) any regulations made under Article 59(3) of the Industrial Relations (Northern Ireland) Order 1976; or

(e) the Industrial Relations (No. 2) (Northern Ireland) Order 1976, this Article applies in respect of any application to a tribunal and any , proceedings pursuant to such an application, in relation to which by virtue of Article 3 or 4 the Board of Governors or, as the case may be, governing body is to be treated as if it were an employer or a principal.

(2) The application shall be made, and the proceedings shall be carried on, against that Board of Governors or, as the case may be, governing body.

(3) Notwithstanding paragraph (2), any decision, declaration, order, recommendation or award made in the course of such proceedings shall have effect as if made against the employing authority.

(4) Where any application is made against a Board of Governors or, as the case may be, governing body pursuant to paragraph (2)—

(a) the Board of Governors or, as the case may be, governing body shall notify the employing authority within 14 days of receiving notification thereof; and

(b) the employing authority shall, on written application to the tribunal. be entitled to be made an additional party to the proceedings and to take part in the proceedings accordingly.

(5) In this Article—

(a) “employing authority” in relation to a controlled school, a Catholic maintained school or a maintained school other than a Catholic maintained school has the meaning assigned to it in paragraph 10(1) of Schedule 4 to the 1989 Order and in relation to an institution of further education means the board for the area in which the institution of further education is situated; and

(b) “tribunal” is an industrial tribunal or the Fair Employment Tribunal.

(1)

1976 c. 25 and 1989 c. 32.

(2)

1989 c. 32.

(3)

Article 59 was amended by paragraph 6(13) of the Schedule to the Labour Relations Agency (Additional Functions) Order (Northern Ireland) 1977 (S.R. 1977 No. 177), paragraph 5(10) of Schedule 4 to the Industrial Relations (No. 2) (Northern Ireland) Order 1976, Schedule 2 to the Industrial Relations (Northern Ireland) Order 1982, paragraph 9 of Schedule 3 to the Industrial Training (Northern Ireland) Order 1984 (S.1. 1984/1159 (N.1. 9)) and regulation 3(3) of the Equal Pay (Amendment) Regulations (Northern Ireland) 1984 (S.R. 1984 No. 16).