Fair Employment (Northern Ireland) Act 1989

12 Undertaking following investigation under section 11

(1) The following provisions of this section apply where, following an investigation under section 11 of this Act, the Commission is of the opinion any of the persons mentioned in subsection (1) of that section ought to take action for promoting equality of opportunity.

(2) The Commission shall use its best endeavours—

(a) to ensure that the person concerned takes such action for promoting equality of opportunity as is, in all the circumstances, reasonable and appropriate, and

(b) where appropriate, to secure a satisfactory written undertaking by him that such action will be taken.

(3) Where the Commission asks the person concerned for an undertaking, on such terms as appear satisfactory to the Commission, to take such action as is mentioned in subsection (2)(a) above, then—

(a) if the undertaking is not given, the Commission shall serve on the person concerned a notice containing directions such as are mentioned in section 14(1) of this Act, and

(b) if the undertaking, although given, is not complied with, the Commission shall either—

(i) serve on him such a notice containing such directions (which shall supersede the undertaking), or

(ii) make an application to the Tribunal under section 16 of this Act for enforcement of the undertaking.

(4) Subsection (3) above does not apply in any case where the Commission decides that no further action by it is appropriate.

(5) The reference in subsection (1) above to an investigation under section 11 of this Act includes a reference to an investigation made by the Fair Employment Agency for Northern Ireland under section 12 of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 before the commencement of this section.