52.—(1) A complaint by any person ( “the complainant”) that another person ( “the respondent”)—
(a)has committed an actF1. . . against the complainant which is unlawful by virtue of Part II[F1, Article 72ZA or, (in relation to discrimination on grounds of race or ethnic or national origins, or harassment), Article 26]; or
(b)is by virtue of Article 32 or 33 to be treated as having committed such an actF1. . . against the complainant,
may be presented to an industrial tribunal.
(2) Paragraph (1) does not apply to a complaint under Article 14(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any statutory provision.
(3) Where a complaint is presented to an industrial tribunal under paragraph (1) and it appears to the tribunal that the act to which the complaint relates is one in respect of which (as being unlawful discrimination within the meaning of the[F2 Fair Employment and Treatment (Northern Ireland) Order 1998])—
(a)a complaint could be made to the Fair Employment Tribunal for Northern Ireland under[F2 Part VI of that Order]; or
(b)such a complaint has been made, but the proceedings[F2 under the Fair Employment and Treatment (Northern Ireland) Order 1998] have not been disposed of,
the tribunal shall not proceed further under this Order in relation to the complaint unless all proceedings which can be taken[F2 under the Fair Employment and Treatment (Northern Ireland) Order 1998] in respect of the act have been disposed of.
F1SR 2003/341