The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 No. 3

SCHEDULE 1 THE INDUSTRIAL TRIBUNALS AND FAIR EMPLOYMENT TRIBUNAL RULES OF PROCEDURE 2020

PART 5 EMPLOYER’S CONTRACT CLAIMS

Making an employer’s contract claim

21.  Any employer’s contract claim shall be made as part of the response, presented in accordance with rule 15, to a claim which includes an employee’s contract claim. An employer’s contract claim may be rejected on the same basis as a claimant’s claim may be rejected under rule 11, in which case rule 12 shall apply.

Notification of employer’s contract claim

22.  When the response is sent to the other parties in accordance with rule 20, the Secretary shall notify the claimant that the response includes an employer’s contract claim and include information on—

(a) whether any part of the claim has been rejected;

(b) how to submit a response to the claim;

(c) the time limit for doing so; and

(d) what will happen if a response is not presented within that time limit.

Responding to an employer’s contract claim

23.  A claimant’s response to an employer’s contract claim shall be presented within 28 days of the date that the response was sent to the claimant. If no response is presented within that time limit, rules 18 and 19 shall apply, and the claim shall proceed to early case management.