Fair Employment (Northern Ireland) Act 1976

14 Appeal to Appeals Board against directions under s. 13

(1) Where, under section 13, the Agency serves on the person concerned a notice containing directions (not being directions substituted for others in accordance with an application made by him under section 13(5)), he may, within 21 days from the date of service, appeal to the Appeals Board 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 the directions are, therefore, unnecessary.

(3) Schedule 4 shall have effect with respect to the conduct of the appeal.

(4) On hearing the appeal the Appeals Board 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 Agency could have given) as the Appeals Board considers reasonable and appropriate in all the circumstances.

(5) Directions substituted under subsection (4)(c) shall be binding on the person concerned and shall be enforceable only in accordance with section 15.

(6) In coming to its decision the Appeals Board shall have such regard as it considers proper in all the circumstances to the recommendations contained in the guide to good manpower policy and practice prepared by the Department under section 5.