Employment Act (Northern Ireland) 2011

Conciliation before bringing of proceedings

8.—(1) In the Industrial Tribunals (Northern Ireland) Order 1996 (NI 18), Article 20 (conciliation) is amended as follows.

(2) In paragraph (3) for the words from “shall act” to the end substitute “may endeavour to promote a settlement between the parties without proceedings being instituted.”.

(3) For paragraph (5) substitute—

“(5) Where the Agency acts pursuant to paragraph (3) in a case where the person claiming as specified in sub-paragraph (a) of that paragraph has ceased to be employed by the employer and the proceedings which he claims could be brought by him are proceedings under Article 145 of the Employment Rights Order, the Agency may in particular—

(a) seek to promote the reinstatement or re-engagement of that person by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the Agency to be equitable, or

(b) where the person does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to that person.”.