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The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
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- Northern Ireland Statutory Rules
- 2020 No. 2
- Regulation 3
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Exemptions from early conciliation
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3.—(1) A person (“A”) may start relevant proceedings without complying with the requirement for early conciliation where—
(a)another person (“B”) has complied with that requirement in relation to the same dispute and A wishes to start proceedings on the same claim form as B;
(b)A starts those relevant proceedings on the same claim form as proceedings which are not relevant proceedings;
(c)A is able to show that the respondent has contacted the Agency in relation to a dispute, the Agency has not received information from A under Article 20A(1) of the Industrial Tribunals Order or Article 88ZA(1) of the Fair Employment and Treatment Order in relation to that dispute, and the proceedings on the claim form relate to that dispute;
(d)the proceedings are proceedings under Part XI of the Employment Rights (Northern Ireland) Order 1996(1) and the complaint presented to start those proceedings is accompanied by an application under Article 163 of that Order; or
(e)A is starting proceedings against the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.
(2) Where A benefits from the exemption in paragraph (1)(a), the requirement for early conciliation shall be treated as complied with for the purposes of any provision extending the time limit for starting relevant proceedings in relation to that dispute.
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