The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020

Collective agreements

95.—(1) Where a claim includes a complaint under any of the statutory provisions listed in paragraph (2) relating to a term of a collective agreement, the following persons, whether or not identified in the claim, shall be regarded as the persons against whom a remedy is claimed and shall be treated as respondents for the purposes of these Rules—

(a) the claimant’s employer (or prospective employer); and

(b) every organisation of employers and organisation of workers, and every association of or representative of such organisations, which, if the terms were to be varied voluntarily, would be likely, in the opinion of an employment judge, to negotiate the variation.

An organisation or association shall not be treated as a respondent if the employment judge, having made such enquiries of the claimant and such other enquiries as the employment judge thinks fit, is of the opinion that it is not reasonably practicable to identify the organisation or association.

(2) The statutory provisions are—

(a) Article 77A(4A) of the Sex Discrimination (Northern Ireland) Order 1976(1);

(b) paragraph 5 of Schedule 3A to the Disability Discrimination Act 1995(2);

(c) Article 68B(1) of the Race Relations (Northern Ireland) Order 1997(3);

(d) Article 100B(1) of the Fair Employment and Treatment Order;

(e) paragraph 5 of Schedule 4 to the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003(4);

(f) paragraph 5 of Schedule 4 to the Employment Equality (Age) Regulations (Northern Ireland) 2006(5).

(1)

S.I. 1976/1042 (N.I. 15); Article 77A was inserted by S.I. 1988/1303 (N.I. 13), Article 11 and paragraph (4A) by S.I. 1993/2668 (N.I. 11), Article 11.

(2)

1995 c. 50; Schedule 3A was inserted by S.R. 2004 No. 55, regulation 16(2).

(3)

S.I. 1997/869 (N.I. 6); Article 68B was inserted by regulation 53 of S.R. 2003 No. 341, regulation 53.

(4)

S.R. 2003 No. 497.

(5)

S.R. 2006 No. 261.