Explanatory Memorandum

Employment Act (Northern Ireland) 2010

2010 CHAPTER 12

2 August 2010

Commentary on Sections

Section 4: Legal representation before the Industrial Court

Section 4 amends Article 92(4) of the Industrial Relations (NI) Order 1992 to enable parties before the Industrial Court to engage legal representation with the exception of one jurisdiction which is related to the provision of voluntary arbitration in relation to industrial disputes. Legal advice states that failure to allow legal representation could lead to a challenge under Article 6 of the European Convention on Human Rights (Right to a fair trial). Voluntary arbitration, by its nature, would not benefit from legal representation.