The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.

The Regulations make consequential amendments arising out of the Employment Act (Northern Ireland) 2011, which repeals aspects of the statutory dispute resolution procedures introduced under Part 4 the Employment (Northern Ireland) Order 2003 and makes changes in respect of conciliation by the Labour Relations Agency. Additionally, the Regulations make procedural changes to tribunal practice, including in relation to responses, default judgements, matters to be heard without a hearing and withdrawal of proceedings, as well as applying minor clarifications to the main Regulations.

Regulation 4 makes amendments to Schedule 1 to the 2005 Regulations.

Regulation 4(5) makes changes to the procedure specified under rule 4 of Schedule 1 to the 2005 Regulations which is used by industrial tribunals when considering the acceptance of a response to a claim.

Regulation 4(7) amends rule 8 to modify the procedure relating to default judgements.

Regulation 4(13) removes provisions relating to time limits on conciliation by repealing rules 22 to 24.

Regulation 4(15) adds a new rule 25A, to provide for the automatic dismissal of proceedings following receipt of notification that the Labour Relations Agency has concluded a conciliated settlement of the case.

Regulation 4(16) provides that a preliminary consideration of an application under rule 33 to review a default judgement can take place without a hearing, and that the parties may consent in writing to the review of the application taking place without a hearing.

Regulation 5 amends rule 3 of Schedule 3 to the 2005 Regulations to enable a chairman sitting alone to hear stage 1 equal value claims.

Regulations 6, 7 and 8 make minor amendments, respectively, to Schedules 4, 5 and 6 to the 2005 Regulations.

Regulation 9 provides for transitional arrangements in relation to these Regulations. Paragraph (1) harmonises arrangements for the repeal of aspects of the statutory dispute resolution procedures in the Employment (Northern Ireland) Order 2003 with the similar provisions of the Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 (S.R. 2011 No. 159 (C. 8)). Paragraphs (2) to (5) provide for transitional arrangements in relation to default judgements, the automatic dismissal of proceedings where a Labour Relations Agency settlement has been reached, the power of a chairman to review a default judgement on his own initiative, and the changes to stage 1 equal value hearings respectively.

An impact assessment dealing with policy changes taken forward in the Employment Act (Northern Ireland) 2011, aspects of which these Regulations implement in relation to industrial tribunals, is available from the Department for Employment and Learning, Adelaide House, 39-49 Adelaide Street, Belfast BT2 8FD or from www.delni.gov.uk.