The Industrial Tribunals (Northern Ireland) Order 1996

Industrial tribunal procedure regulations N.I.

9.—(1) The Department may by regulations ( “industrial tribunal procedure regulations”) make such provision as appears to it to be necessary or expedient with respect to proceedings before industrial tribunals.

(2) Proceedings before industrial tribunals shall be instituted in accordance with industrial tribunal procedure regulations.

(3) Industrial tribunal procedure regulations may, in particular, include provision—

(a) for determining by which tribunal any proceedings are to be determined,

(b) for enabling an industrial tribunal to hear and determine proceedings brought by virtue of Article 5 concurrently with proceedings brought before the tribunal otherwise than by virtue of that Article,

(c) for treating the Department (either generally or in such circumstances as may be prescribed by the regulations) as a party to any proceedings before an industrial tribunal (where it would not otherwise be a party to them) and entitling it to appear and to be heard accordingly,

(d) for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(e) for enabling an industrial tribunal, on the application of any party to the proceedings before it or of its own motion, to order such discovery or inspection of documents, or the furnishing of such further particulars, as might be ordered by a county court on application by a party to proceedings before it,

(f) for prescribing the procedure to be followed in any proceedings before an industrial tribunal, including provisions—

Head (i) rep. by 1998 NI 8

[F1 (ia) for postponing fixing a time and place for a hearing, or postponing a time fixed for a hearing, for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, and]

(ii) for enabling an industrial tribunal to review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with the regulations,

(g) for the appointment of one or more assessors for the purposes of any proceedings before an industrial tribunal, where the proceedings are brought under a statutory provision which provides for one or more assessors to be appointed,

(h) for authorising an industrial tribunal to require persons to furnish information and produce documents to a person required for the purposes of section 2A(1)(h) of the [1970 c. 32 (N.I.).] Equal Pay Act (Northern Ireland) 1970 to prepare a report, and

(i) for the registration and proof of decisions, orders and awards of industrial tribunals.

[F1 (3ZA) Industrial tribunal procedure regulations may—

(a) authorise the Department to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of instituting, or entering an appearance to, proceedings before industrial tribunals;

(b) authorise the Department to prescribe requirements in relation to documents to be supplied with any such form [F2 (including certificates issued under Article 20A(4))] , and

(c) make provision about the publication of anything prescribed under authority conferred by virtue of this paragraph.]

[F3 [F4 (3A) Industrial tribunal procedure regulations may authorise the determination of proceedings without any hearing in such circumstances as the regulations may prescribe.]

[F5 (3AA) Industrial tribunal procedure regulations under paragraph (3A) may only authorise the determination of proceedings without any hearing in circumstances where—

(a) all the parties to the proceedings consent in writing to the determination without a hearing, or

(b) the person (or, where more than one, each of the persons) against whom the proceedings are brought—

(i) has presented no response in the proceedings, or

(ii) does not contest the case.

(3AB) For the purposes of paragraph (3AA)(b), a person does not present a response in the proceedings if he presents a response but, in accordance with provision made by the regulations, it is not accepted.]

(3B) Industrial tribunal procedure regulations may authorise the determination of proceedings without hearing anyone other than the person or persons by whom the proceedings are brought (or his or their representatives) where—

(a) the person (or, where more than one, each of the persons) against whom the proceedings are brought has done nothing to contest the case, or

(b) it appears from the application made by the person (or, where more than one, each of the persons) bringing the proceedings that he is not (or they are not) seeking any relief which an industrial tribunal has power to give or that he is not (or they are not) entitled to any such relief.

(3C) Industrial tribunal procedure regulations may authorise the determination of proceedings without hearing anyone other than the person or persons by whom, and the person or persons against whom, the proceedings are brought (or his or their representatives) where—

(a) an industrial tribunal is on undisputed facts bound by the decision of a court in another case to dismiss the case of the person or persons by whom, or of the person or persons against whom, the proceedings are brought, or

(b) the proceedings relate only to a preliminary issue which may be heard and determined in accordance with regulations under Article 11(4).]

(4) A person who without reasonable excuse fails to comply with—

(a) any requirement imposed by virtue of paragraph (3)(d) or(h),F3 . . .

(b) any requirement with respect to the discovery or inspection of documents imposed by virtue of paragraph (3)(e),[F3 or]

[F3 (c) any requirement imposed by virtue of industrial tribunal procedure regulations to give written answers for the purpose of facilitating the determination of proceedings as mentioned in paragraph (3A), (3B) or (3C),]

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Subject to any regulations under Article 13(1)(a), industrial tribunal procedure regulations may include provision authorising or requiring an industrial tribunal, in circumstances specified in the regulations, to send notice or a copy of—

(a) any document specified in the regulations which relates to any proceedings before the tribunal, or

(b) any decision, order or award of the tribunal,

to any government department or other person or body so specified.

(6) Where in accordance with industrial tribunal procedure regulations an industrial tribunal determines in the same proceedings—

(a) a complaint presented under Article 145 of the Employment Rights Order (unfair dismissal), and

(b) a question referred under Article 198 of that Order (redundancy payments),

paragraph (2) of that Article has no effect for the purposes of the proceedings in so far as they relate to the complaint under Article 145.

F1 2003 NI 15

F2 Words in art. 9(3ZA)(b) inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), s. 29(2), Sch. 1 para. 2; S.R. 2020/1, art. 2(m)

F3 1998 NI 8

F4 2003 NI 15

F5 Art. 9(3AA)(3AB) inserted (3.4.2011) by Employment Act (Northern Ireland) 2011 (c. 13), ss. 5, 17(1); S.R. 2011/159, art. 2