Fair Employment (Northern Ireland) Act 1976

25 Finding following investigation; attempts at conciliation

(1) On completing its investigation of a complaint the Agency shall—

(a) form an opinion (its " finding ") whether or not unlawful discrimination has been committed by the respondent against the complainant; and

(b) use its best endeavours—

(i) to secure a settlement of any difference between the complainant and the respondent which was disclosed by the complaint, and

(ii) where the finding is that unlawful discrimination has been committed, to secure, if it is appropriate to do so, a satisfactory written undertaking by the respondent to comply with the terms of the settlement.

(2) As soon as reasonably practicable after arriving at its finding, the Agency shall serve on the complainant and the respondent a notice stating the finding and the reasons for it; and, if the finding is that unlawful discrimination has been committed, as soon as reasonably practicable thereafter the Agency shall serve on the complainant a notice stating whether or not the Agency has secured a settlement, or a settlement and undertaking, as mentioned in subsection (1)(b), and if so on what terms.

(3) A notice under subsection (2) stating the Agency's finding shall inform the complainant and the respondent of the right of appeal against the finding which is conferred by section 28.

(4) A finding that unlawful discrimination has been committed by the respondent against the complainant—

(a) shall not be questioned in any legal proceedings under this Act, except by appeal under section 28; and

(b) in any such proceedings, except on such an appeal, shall be evidence that the unlawful discrimination was committed.