The Industrial Tribunals (Northern Ireland) Order 1996

[F1 Conciliation after institution of proceedings N.I.

20C— (1) Where an application instituting relevant proceedings has been presented to an industrial tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement—

(a) if requested to do so by the person by whom and the person against whom the proceedings are brought, or

(b) if, in the absence of any such request, the conciliation officer considers that the officer could act under this Article with a reasonable prospect of success.

(2) Where a person who has presented a complaint to an industrial tribunal under Article 145 of the Employment Rights Order has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular—

(a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

(3) In paragraph (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an industrial tribunal.]

F1 Arts. 20A-20C inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 1(1), 29(2); S.R. 2020/1, art. 2(a)