Explanatory Memorandum

Employment Act (Northern Ireland) 2016

2016 CHAPTER 15

22nd April 2016

Commentary on Sections

Reviews

Section 9: Review of early conciliation

Section 9 places a requirement on the Department to review the operation of Articles 20 to 20C of the ITO 1996 and Articles 46B and 88ZA to 88ZC of the FETO 1998, as well as related legislative amendments.  These provisions relate to the conciliation service, including the new early conciliation service, operated by the LRA. The review must be carried out at the end of one year and then again at the end of three years following the provision’s commencement.

The Department is also required to consult with relevant stakeholders including employers and to lay the findings of the review in the form of a report to the Assembly. The report must include a synopsis of consultation responses, an assessment of the provisions’ effectiveness, data concerning cases and related savings.

Section 10: Review of Section 8: assessment of matters relating to tribunal proceedings

Section 10 places a requirement on the Department to review the operation of provisions set out in section 8, which concern an assessment being given in relation to actual or prospective proceedings before an industrial tribunal or the Fair Employment Tribunal. The review must be carried out at the end of one year and then again at the end of three years following the commencement of those provisions.

The Department is also required to consult with relevant stakeholders including employers and to lay the findings of the review in the form of a report to the Assembly. The report must include a synopsis of consultation responses, an assessment of the provisions’ effectiveness, data concerning cases and related savings.