SCHEDULES
SCHEDULE 2EXTENSION OF LIMITATION PERIODS TO ALLOW FOR CONCILIATION
Employment Rights (Northern Ireland) Order 1996 (NI 16)
I112
In Article 28 (complaint to industrial in respect of employer's failure under Article 26 or 27), after paragraph (4) add—
5
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I213
In Article 43 (references to industrial tribunals: contravention of Articles 33, 36 and 40), after paragraph (4) add—
5
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (4)(a).
I314
In Article 55 (complaints to industrial tribunals: contravention of Article 45, 47, 50(1) or 53(1)), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).
I415
In Article 66 (complaints to industrial tribunals: guarantee payments), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I516
In Article 71 (complaints to industrial tribunals: rights not to suffer detriment), after paragraph (3) insert—
3A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3)(a).
I617
In Article 74 (complaints to industrial tribunal in respect of employer's failure under Article 73), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I718
1
Article 77C (time limit for proceedings under Articles 77A and 77B) is amended as follows.
2
The existing text becomes paragraph (1).
3
After that paragraph add—
2
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1)(a).
I819
In Article 79 (complaints to industrial tribunals: contravention of Article 78), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I920
In Article 82 (complaints to industrial tribunals: contravention of Article 80 or 81), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1021
In Article 85 (complaints to industrial tribunals: contravention of Article 83 or 84), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1122
In Article 85ZC (complaints to industrial tribunals: contravention of Article 85ZA or 85ZB), after paragraph (3) insert—
3A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3).
I1223
In Article 85ZF (right to time off to accompany to ante-natal appointments), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1324
In Article 85ZH (complaint to industrial tribunal: agency workers), after paragraph (3) insert—
3A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3)(a).
I1425
In Article 85ZM (complaint to industrial tribunal: contravention of Article 85ZJ, 85ZK or 85ZL), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1526
In Article 85ZQ (complaint to industrial tribunal: contravention of Article 85ZN, 85ZO or 85ZP), after paragraph (3) insert—
3A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3)(a).
I1627
In Article 85B (complaints to industrial tribunals: contravention of Article 85A), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1728
In Article 88 (complaints to industrial tribunals: contravention of Article 86 or 87), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1829
In Article 91 (complaints to industrial tribunals: contravention of Article 89 or 90), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I1930
In Article 91C (complaints to industrial tribunals: contravention of Article 91A or 91B), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I2031
In Article 95 (complaints to industrial tribunals in respect of employer's failure under Articles 92 to 94), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I2132
In Article 95F (complaints to industrial tribunals: contravention of Article 95C(4), (5) or (6) or 95F(1)(b)), after paragraph (5) insert—
5A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (5)(a).
I2233
In Article 102 (complaints to industrial tribunals: contravention of Articles 96 or 100), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I2334
In Article 102A (complaints to industrial tribunals: contravention of Article 100C), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I2435
In Article 112 (complaints to industrial tribunals: parental leave), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I2536
In Article 112H (complaints to industrial tribunals: contravention of Article 112G(1) or 112H(1)(b)), after paragraph (6) add—
7
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (5)(a).
I2637
In Article 145 (complaints to industrial tribunals: unfair dismissal), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I2738
In Article 199 (claims for redundancy payment), after paragraph (3) add—
4
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraphs (1)(c) and (2).
I2839
In Article 217 (complaint in respect of failure to comply with Article 216 or 216A), after paragraph (5) insert—
5A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (5)(b).
I2940
In Article 220 (complaint by employee to industrial tribunal), after paragraph (2) insert—
2A
Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
I3041
After Article 249A (time limits in relation to certain mediated cross-border disputes) insert—
Extension of certain time limits
Extension of time limits to facilitate conciliation before institution of proceedings249B
1
This Article applies where this Order provides for it to apply for the purposes of a provision of this Order (a “relevant provision”).
But it does not apply to a dispute which is a relevant cross-border dispute for the purposes of Article 249A.
2
In this Article—
a
Day A is the day on which the complainant concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
b
Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.
3
In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
4
If a time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
5
Where an industrial tribunal has power under this Order to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this Article.