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The Employment Rights (Northern Ireland) Order 1996

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The Employment Rights (Northern Ireland) Order 1996, Section 71 is up to date with all changes known to be in force on or before 25 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Complaints to industrial tribunalsF17N.I.

71.—(1) An employee may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article[F1 67M,] 68,[F2 69, 70[F3,70A[F4, [F570C(1)] or[F6 70E]]]].

[F7(1ZA) A worker may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 68A.]

[F8(1A) A worker may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 70B.]

[F9(1AA) An agency worker may present a complaint to an industrial tribunal that the agency worker has been subjected to a detriment in contravention of Article 70C(4) by the temporary work agency or the hirer.]

[F10(1B) A person may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 70D.]

(2) [F8On a complaint under [F11paragraph (1), (1ZA), (1A) or (1B)]] it is for the employer to show the ground on which any act, or deliberate failure to act, was done.

[F12(2A) On a complaint under paragraph (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.]

(3) An industrial tribunal shall not consider a complaint under this Article unless it is presented—

(a)before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(4) For the purposes of paragraph (3)—

(a)where an act extends over a period, the “date of the act” means the last day of that period, and

(b)a deliberate failure to act shall be treated as done when it was decided on;

and, in the absence of evidence establishing the contrary, an employer [F13, a temporary work agency or a hirer] shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

[F2(5) In this Article and Article 72 any reference to the employer [F14includes—

(a)where] a person complains that he has been subjected to a dertiment in contravention of Article 70A, the principal (within the meaning of Article 91A(3)).

[F15(b)in the case of proceedings against a worker or agent under Article 70B(1A), the worker or agent.]]

[F16(6) In—

(a)this Article, “agency worker”, and

(b)this Article and Article 72, “hirer” and “temporary work agency”,

have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011.]

F7SR 1998/386

F10Art. 71(1B) inserted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 27, 61, Sch. 1 para. 2(3); S.I. 2002/1727, art. 2

Modifications etc. (not altering text)

C4Art. 71(2)-(4) applied (with modifications) (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 32(2) (with reg. 39)

C5Art. 71(2)-(4) applied (with modifications) (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 56, 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2

F17functions transfered SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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