(This note is not part of the Regulations)
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
The exemption in regulation 3(1)(c) means that a claimant need not comply with the requirement for early conciliation where the prospective respondent has already contacted the Agency in relation to the dispute.
The exemption in regulation 3(1)(d) means that a claimant does not have to comply with the requirement for early conciliation where a claim for unfair dismissal is accompanied by a claim for interim relief.
The exemption in regulation 3(1)(e) means that a claimant does not have to comply with the requirement for early conciliation where the claim is against the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.
The power in regulation 4 allows the Department for the Economy to prescribe a form which prospective claimants must use to contact the Agency in relation to the requirement for early conciliation and a certificate for the Agency to issue following early conciliation.
Rules 1 to 4 in the Schedule set out how a prospective claimant or their representative should provide information to the Agency so as to comply with the requirement for early conciliation.
Rule 5 details the process for early conciliation. Rule 6 provides that conciliation may be attempted for up to one calendar month and that this period may be extended for up to two weeks.
Rules 7 to 9 set out what will happen if early conciliation is unsuccessful in whole or in part.
A Regulatory Impact Assessment has been produced and is available from the website of the Department for the Economy at https://www.economy-ni.gov.uk/consultations/employment-law-review or alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.