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The Fair Employment and Treatment (Northern Ireland) Order 1998

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This is the original version (as it was originally made).

Appeal to Tribunal against directions under Article 12 or 13

15.—(1) Where under Article 12(3) or 13(3)(a), the Commission serves on a person a notice containing directions (not being directions substituted for others in accordance with an application made by him under Article 14(4)), he may within 21 days from the date of service appeal to the Tribunal against the directions.

(2) The appeal may be brought on any of the following grounds—

(a)that in all the circumstances it is unreasonable to expect the appellant to comply with the directions;

(b)that in all the circumstances the directions are not appropriate for promoting equality of opportunity; or

(c)that the appellant is already affording equality of opportunity and taking any appropriate action to promote equality of opportunity and the directions are, therefore, unnecessary.

(3) On hearing the appeal the Tribunal may—

(a)dismiss the appeal; or

(b)quash the directions or any of them; or

(c)substitute for the directions or any of them such other directions (of a kind that the Commission could have given) as the Tribunal considers reasonable and appropriate in all the circumstances.

(4) Directions substituted under paragraph (3)(c) are binding on the appellant and are enforceable only in accordance with Article 16.

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