Made | 2nd April 2004 | ||
Coming into operation | 4th April 2004 |
1. | Citation and commencement |
2. | Interpretation |
3. | Establishment of Fair Employment Tribunal for Northern Ireland |
4. | Composition of the Tribunal |
5. | Proceedings of the Tribunal |
6. | Overriding objective |
7. | Register |
8. | Proof of decision of the Tribunal |
9. | Transitional provisions |
10. | Revocations |
SCHEDULE 1: | FAIR EMPLOYMENT TRIBUNAL RULES OF PROCEDURE |
1. | Originating application |
2. | Action upon receipt of originating application |
3. | Appearance by respondent |
4. | Case management |
5. | Time and place of hearing |
6. | Entitlement to bring or contest proceedings |
7. | Pre-hearing review |
8. | The hearing |
9. | Procedure at hearing |
10. | Decision of tribunal |
11. | Review of tribunal's decision |
12. | Costs |
13. | Miscellaneous powers |
14. | Extension of time |
15. | Devolution issues |
16. | Joinder and representative respondents |
17. | Combined proceedings |
18. | Complaints involving matters within the jurisdiction of industrial tribunal |
19. | References to the European Court of Justice |
20. | Notices, etc. |
SCHEDULE 2: | RULES OF PROCEDURE: APPEALS |
1. | Notice of appeal |
2. | Duty of the Secretary upon receipt of notice of appeal |
3. | Power to require attendance of witnesses and production of documents, etc. |
4. | Time and place of hearing |
5. | The hearing |
6. | Procedure at hearing |
7. | Decision of tribunal |
8. | Review of tribunal's decision |
9. | Costs |
10. | Miscellaneous powers |
11. | Extension of time and directions |
12. | Devolution issues |
13. | Notices, etc. |
SCHEDULE 3: | RULES OF PROCEDURE: ENFORCEMENT |
1. | Application for enforcement |
2. | Duty of the Secretary upon receipt of a notice of application for enforcement |
3. | Application to enforce, revoke or vary a tribunal order |
4. | Power to require further particulars and attendance of witnesses and to grant discovery |
5. | Time and place of hearing |
6. | The hearing |
7. | Decision of tribunal |
8. | Review of tribunal's decision |
9. | Costs |
10. | Miscellaneous powers |
11. | Extension of time and directions |
12. | Devolution issues13.Notices, etc. |
SCHEDULE 4: | REVOCATIONS |
but does not include any other interlocutory order or any other decision on an interlocutory matter;
(2) In Schedule 2 -
(3) In Schedule 3 -
(4) In these Regulations references to Article 15, 16 or 17 of the Order of 1998 include references to those provisions as they are applied for the purposes of Articles 57 and 58 by Article 59 of that Order.
(5) Where any act must or may be done within a certain number of days of or from an event, the date of that event shall not be included in the calculation. For example, a respondent receives a copy of an originating application on 1st October. He must present a written notice of appearance to the Secretary within 21 days of receiving the copy. The last day for presentation of the notice is 22nd October.
(6) Where any act must or may be done not less than a certain number of days before or after an event, the date of that event shall not be included in the calculation. For example, if a party wishes to submit representations in writing for consideration by a tribunal at the hearing of the originating application, he must submit them not less than 7 days before the hearing. If the hearing is fixed for 8th October, the representations must be submitted no later than 1st October.
(7) Where the tribunal or a chairman gives any decision, direction, declaration, order, recommendation, award or determination which imposes a time limit for doing any act, the last date for compliance shall, wherever practicable, be expressed as a calendar date.
(8) In rule 5(2) of Schedule 1, rule 4(1) of Schedule 2 and rule 5(1) of Schedule 3, the requirement to send the notice of hearing to the parties not less than 14 days before the date fixed for the hearing shall not be construed as a requirement for service of the notice to have been effected not less than 14 days before the hearing date, but as a requirement for the notice to have been placed in the post not less than 14 days before that date. For example, a hearing is fixed for 15th October. The last day on which the notice may be placed in the post is 1st October.
Establishment of Fair Employment Tribunal for Northern Ireland
3.
- (1) There shall continue to be a Tribunal, known as the Fair Employment Tribunal for Northern Ireland, established for the purposes of exercising the jurisdiction conferred on it by or under the Order of 1998.
(2) The jurisdiction of the Tribunal shall be exercised by a single tribunal or, if the President or the Vice-President so directs, by two or more tribunals.
(3) The President or the Vice-President shall determine at what time and in what place the Tribunal shall sit.
Composition of the Tribunal
4.
- (1) The Tribunal shall consist of -
(2) Subject to rule 13(7) of Schedule 1, rule 10(5) of Schedule 2 and rule 10(5) of Schedule 3, the Tribunal shall consist of a chairman and two other members, but in the absence of any one member other than the chairman a hearing may, with the consent of the parties, take place in the absence of such member and in that event the Tribunal shall be deemed to be properly constituted.
(3) For each hearing of any matter before a tribunal the President or Vice-President shall select a chairman, who shall be the President, the Vice-President or a member of the panel of chairmen, and the President or the Vice-President may select himself.
(4) For each hearing the two members of the tribunal other than the chairman shall be selected by the President or the Vice-President as to -
(5) The President or the Vice-President may at any time select from the appropriate panel another person in substitution for the chairman or other member of a tribunal previously selected.
(6) Members of the panel of chairmen shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor.
(7) Members of the panels constituted under paragraphs 1(d) and 1(e) shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Department; and any such member who ceases to hold office shall be eligible for reappointment.
(8) Subject to Article 82(6) of the Order of 1998 the President or the Vice-President may direct that if he is absent or unavailable a person appointed to the panel of chairmen may exercise his functions under regulation 3(2) and (3), paragraphs (4) and (5), Articles 17 and 85 of the Order of 1998 and his power of selection under paragraph (3).
Proceedings of the Tribunal
5.
The Rules of Procedure set out in -
(b) Schedule 2 shall apply in relation to appeals to a tribunal under Article 15, 62(7) or 63(5) of the Order of 1998;
(c) Schedule 3 shall apply in relation to proceedings before a tribunal under Articles 16 and 17 of the Order of 1998.
Overriding objective
6.
- (1) The overriding objective of the rules in Schedules 1, 2 and 3 is to enable the Tribunal to deal with cases justly.
(2) Dealing with a case justly includes, so far as practicable -
(3) The Tribunal shall seek to give effect to the overriding objective when it -
(4) The parties shall assist the Tribunal to further the overriding objective.
Register
7.
- (1) The Secretary shall maintain a Register at the Office of the Tribunals which shall be open to the inspection of any person without charge at all reasonable hours.
(2) The Register shall contain -
(3) The register, or any part of it, may be kept by means of a computer.
Proof of decision of the Tribunal
8.
The production in any proceedings in any court of a document purporting to be certified by the Secretary to be a true copy of an entry of a decision in the Register shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Transitional provision
9.
These Regulations shall apply in relation to all proceedings to which they relate, irrespective of when those proceedings were commenced.
Revocations
10.
The Regulations listed in Schedule 4 are hereby revoked.
Sealed with the Official Seal of the Department for Employment and Learning on
2nd April 2004.
L.S.
R. B. Gamble
A senior officer of the Department for Employment and Learning
(2) Two or more originating applications may be presented in a single document by applicants who claim relief in respect of or arising out of the same set of facts.
(3) Where the Secretary is of the opinion that the originating application does not seek or on the facts stated therein cannot entitle the applicant to a relief which a tribunal has power to give, he may give notice to that effect to the applicant stating the reasons for his opinion and informing him that the application will not be registered unless he states in writing that he wishes to proceed with it.
(4) An application in respect of which such a notice has been given shall not be treated as having been received for the purpose of rule 2 unless the applicant intimates in writing to the Secretary that he wishes to proceed with it; and upon receipt of such an intimation the Secretary shall proceed in accordance with that rule.
(5) Where proceedings are referred to a tribunal by a court, these Rules shall be applied to them, except where the rules are inappropriate, as if the proceedings had been instituted by the presentation of an originating application.
Action upon receipt of originating application
2.
- (1) Upon receiving an originating application the Secretary shall -
(2) The Secretary shall enter such of the details of an originating application as are referred to in paragraph (4) in the Register either within 28 days of receiving it or, if that is not practicable, as soon as reasonably practicable thereafter.
(3) The Secretary shall notify the parties that the services of a conciliation officer of the Labour Relations Agency are available to them.
(4) The details of an originating application to be entered in the Register are -
Appearance by respondent
3.
- (1) A respondent shall, within 21 days of receiving the copy of the originating application, enter an appearance to the proceedings by presenting to the Secretary a written notice of appearance -
(2) Upon receipt of a notice of appearance the Secretary shall send a copy of it to each other party.
(3) Two or more notices of appearance relating to originating applications in which the relief claimed is in respect of or arises out of the same set of facts may be presented in a single document, provided that in respect of each of the originating applications to which the notices so presented relate -
(4) A respondent who has not entered an appearance shall not be entitled to take any part in the proceedings except -
and in the rules which follow, the word "party" only includes such a respondent in relation to his entitlement to take such a part in the proceedings, and in relation to any such part which he takes.
Case management
4.
- (1) A tribunal may at any time, on the application of a party or of its own motion, give such directions on any matter arising in connection with the proceedings as appear to the tribunal to be appropriate.
(2) An application under paragraph (1) -
(3) Directions under paragraph (1) may include any requirement relating to evidence (including the provision and exchange of witness statements), the provision of further particulars, and the provision of written answers to questions put to a party by the tribunal.
(4) A tribunal may appoint the time at or within which and the place at which any act required in pursuance of this rule is to be done and may direct that a copy of any document furnished pursuant to any requirement imposed under this rule be sent to the tribunal.
(5) A tribunal may, on the application of a party or of its own motion -
and may appoint the time at or within which or place at which any act in pursuance of this rule is to be done.
(6) Every document containing a requirement imposed under paragraph (5) shall contain a reference to the fact that, under Article 84(9) and (10) of the Order of 1998, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and, if without reasonable excuse the failure continues after conviction, shall be liable on a second or subsequent summary conviction to a fine for each day on which the failure continues and the document shall also state the amounts of the current maximum fines.
(7) Where a requirement has been imposed under paragraph (1) or (5) -
that party or person may apply to the tribunal by notice to the Secretary to vary or set aside the requirement. Such notice shall be given before the time at which or, as the case may be, the expiration of the time within which the requirement is to be complied with, and the Secretary shall give notice of the application to each party, or where applicable, each party other than the party making the application.
(8) If a requirement under paragraph (1) or (5) is not complied with, the tribunal -
but a tribunal shall not exercise its powers under this paragraph unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so, or the party has been given an opportunity to show cause orally why the powers conferred by this paragraph should not be exercised.
Time and place of hearing
5.
- (1) The President or the Vice-President shall fix the date, time and place of the hearing of the originating application and the Secretary shall send to each party a notice of hearing together with information and guidance as to attendance at the hearing, witnesses and the bringing of documents, representation by another person and the making of written representations.
(2) The Secretary shall send the notice of hearing to every party not less than 14 days before the date fixed for the hearing except where the Secretary has agreed a shorter time with the parties.
Entitlement to bring or contest proceedings
6.
- (1) A tribunal may at any time before the hearing of an originating application, on the application of a party made by notice to the Secretary or of its own motion, hear and determine any issue relating to the entitlement of any party to bring or contest the proceedings to which the originating application relates.
(2) A tribunal shall not determine such an issue unless the Secretary has sent notice to each of the parties giving them an opportunity to submit representations in writing and to advance oral argument before the tribunal.
Pre-hearing review
7.
- (1) A tribunal may at any time before the hearing of an originating application, on the application of a party made by notice to the Secretary or of its own motion, conduct a pre-hearing review, consisting of a consideration of -
(2) If a party applies for a pre-hearing review and the tribunal determines that there shall be no review, the Secretary shall send notice of the determination to that party.
(3) A pre-hearing review shall not take place unless the Secretary has sent notice to the parties giving them an opportunity to submit representations in writing and to advance oral argument at the review if they so wish.
(4) If upon a pre-hearing review the tribunal considers that the contentions put forward by any party in relation to a matter required to be determined by a tribunal have no reasonable prospect of success, the tribunal may make an order against that party requiring the party to pay a deposit of an amount not exceeding £500 as a condition of being permitted to continue to participate in the proceedings relating to that matter.
(5) No order shall be made under this rule unless the tribunal has taken reasonable steps to ascertain the ability of the party against whom it is proposed to make the order to comply with such an order, and has taken account of any information so ascertained in determining the amount of the deposit.
(6) An order made under this rule, and the tribunal's reasons for considering that the contentions in question have no reasonable prospect of success, shall be recorded in summary form in a document signed by the chairman. A copy of that document shall be sent to each of the parties and shall be accompanied by a note explaining that if the party against whom the order is made persists in participating in proceedings relating to the matter to which the order relates, he may have an award of costs made against him and could lose his deposit.
(7) If a party against whom an order has been made does not pay the amount specified in the order to the Secretary either -
the tribunal shall strike out the originating application or notice of appearance of that party or, as the case may be, the part of it to which the order relates.
(8) The deposit paid by a party under an order made under this rule shall be refunded to him in full except where rule 12(7) applies.
(9) No member of a tribunal which has conducted a pre-hearing review shall be a member of the tribunal at the hearing of the originating application.
The hearing
8.
- (1) Any hearing of or in connection with an originating application shall be heard by a tribunal composed in accordance with regulation 4.
(2) Any hearing of or in connection with an originating application shall take place in public.
(3) Notwithstanding paragraph (2), a tribunal may sit in private for the purposes of -
(4) If a party wishes to submit representations in writing for consideration by the tribunal at the hearing of the originating application he shall present his representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to each other party.
(5) The tribunal may, if it considers it appropriate, consider representations in writing which have been submitted to the Secretary less than 7 days before the hearing.
(6) Subject to rule 3(4), at any hearing of or in connection with an originating application a party may appear before a tribunal and may be heard in person or be represented by counsel or by a solicitor or by any other person whom he desires to represent him.
Procedure at hearing
9.
- (1) The tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its proceedings and shall not be bound by any statutory provision or rule of law relating to the admissibility of evidence in proceedings before the courts of law. The tribunal shall make such enquiries of persons appearing before it and witnesses as it considers appropriate and shall otherwise conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to the just handling of the proceedings.
(2) Subject to paragraph (1), at the hearing of the originating application a party shall be entitled to make an opening statement, to give evidence, to call witnesses, to cross-examine any witnesses called by the other party and to address the tribunal.
(3) If a party fails to attend or to be represented at the time and place fixed for the hearing, the tribunal may, if that party is an applicant, dismiss or, in any case, dispose of the application in the absence of that party or may adjourn the hearing to a later date; provided that before dismissing or disposing of any application in the absence of a party the tribunal shall consider his originating application or notice of appearance, any representations in writing presented by him in pursuance of rule 8(4) or (5) and any written answer furnished to the tribunal pursuant to rule 4(3).
(4) A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Decision of tribunal
10.
- (1) Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.
(2) The decision of a tribunal, which may be given orally at the end of a hearing or reserved, shall be recorded in a document signed by the chairman.
(3) The tribunal shall give reasons for its decision in a document signed by the chairman. That document shall contain a statement as to whether the reasons are given in summary or extended form and where the tribunal -
the document shall also contain a statement of the amount of compensation awarded, or of the sum required to be paid, followed either by a table showing how the amount or sum has been calculated or by a description of the manner in which it has been calculated.
(4) The reasons for the decisions of the tribunal shall be given in summary form except where -
(c) the tribunal considers that reasons given in summary form would not sufficiently explain the grounds for its decision;
and in those circumstances the reasons shall be given in extended form.
(5) The clerk shall transmit the documents referred to in paragraphs (2) and (3) to the Secretary who shall enter them in the Register and shall send a copy of the entry to each of the parties and where the proceedings were referred to the tribunal by a court, to that court.
(6) The document referred to in paragraph (3) shall be omitted from the Register in any case in which evidence has been heard in private and the tribunal so directs. In such a case the Secretary shall send that document to each of the parties; and where there are proceedings before a superior court relating to the decision in question, he shall send the document to that court, together with a copy of the entry in the Register of the document referred to in paragraph (2).
(7) Clerical mistakes in the documents referred to in paragraphs (2) and (3) or errors arising in those documents from an accidental slip or omission, may at any time be corrected by the chairman by certificate.
(8) If a document is corrected by certificate under paragraph (7), or if a decision is -
the Secretary shall alter any entry in the Register which is affected to conform with the certificate or order and send a copy of any entry so altered to each of the parties and, where the proceedings were referred to the tribunal by a court, to that court.
(9) Where a document omitted from the Register pursuant to paragraph (6) is corrected by certificate under paragraph (7), the Secretary shall send a copy of the corrected document to the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (8).
(10) Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.
Review of tribunal's decision
11.
- (1) Subject to the provisions of this rule, a tribunal shall have power, on the application of a party or of its own motion, to review any decision on the grounds that -
(2) A tribunal may not review a decision of its own motion unless it is the tribunal which issued the decision.
(3) A tribunal may only review a decision of its own motion if -
(4) An application for the purposes of paragraph (1) may be made at the hearing. If no application is made at the hearing, an application may be made to the Secretary on or after the date of the hearing, but within 14 days of the date on which the decision was sent to the parties. Such application must be in writing and must state the grounds in full.
(5) An application for the purposes of paragraph (1) may be refused by the President, the Vice-President or by the chairman of the tribunal which decided the case if in his opinion it has no reasonable prospect of success and he shall state the reasons for his opinion.
(6) If such an application is not refused under paragraph (5) it shall be heard by the tribunal which decided the case; or -
by a tribunal appointed by either the President or the Vice-President.
(7) On reviewing its decision a tribunal may confirm the decision, or vary or revoke the decision; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.
Costs
12.
- (1) Where, in the opinion of the tribunal, a party has in bringing the proceedings, or a party or a party's representative has in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably, or a party's actions in bringing the proceedings have been misconceived, the tribunal shall consider making, and if it so decides, may make -
(2) Paragraph (1) applies to a respondent who has not entered an appearance in relation to the conduct of any part in the proceedings which he has taken.
(3) An order containing an award against a party ("the first party") in respect of the costs incurred by another party ("the second party") shall be -
(4) Where the tribunal has on the application of a party postponed the day or time fixed for or adjourned the hearing, the tribunal may make orders, of the kinds mentioned in paragraphs (1)(a) and (b), against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.
(5) Any costs required by an order under this rule to be assessed by way of detailed assessment may be so assessed in the county court in accordance with such of the scales prescribed by county court rules for proceedings in the county court as shall be directed by the order.
(6) Where -
the tribunal shall consider whether to award costs against that party on the ground that he conducted the proceedings relating to the matter unreasonably in persisting in having the matter determined by a tribunal; but the tribunal shall not make an award of costs on that ground unless it has considered the document recording the order under rule 7 and is of the opinion that the reasons which caused the tribunal to find against the party in its decision were substantially the same as the reasons recorded in that document for considering that the contentions of the party had no reasonable prospect of success.
(7) Where an award of costs is made against a party who has had an order under rule 7 made against him (whether the award arises out of the proceedings relating to the matter in respect of which the order was made or out of proceedings relating to any other matter considered with that matter), his deposit shall be paid in part or full settlement of the award -
and if the amount of the deposit exceeds the amount of the award of costs, the balance shall be refunded to the party who paid it.
Miscellaneous powers
13.
- (1) Subject to the provisions of these Rules, a tribunal may regulate its own procedure.
(2) A tribunal may -
(3) Before making an order under sub-paragraph (c), (d) or (e) of paragraph (2) the tribunal shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made; but this paragraph shall not be taken to require the tribunal to send such notice to that party if the party has been given an opportunity to show cause orally why the order should not be made.
(4) Where a notice required by paragraph (3) is sent in relation to an order to strike out an originating application for want of prosecution, service of the notice shall be treated as having been effected if it has been sent by post or delivered in accordance with rule 20(3) and the tribunal may strike out the originating application (notwithstanding that there has been no direction for substituted service in accordance with rule 20(6)) if the party does not avail himself of the opportunity given by the notice.
(5) A tribunal may, before determining an application under rule 4 or rule 16, require the party making the application to give notice of it to every other party. The notice shall give particulars of the application and indicate the address to which and the time within which any objection to the application shall be made, being an address and time specified for the purposes of the application by the tribunal.
(6) A chairman may postpone the day or time fixed for, or adjourn, any hearing (particularly where a statutory provision provides for conciliation in relation to the case, for the purpose of giving an opportunity for the case to be settled by way of conciliation and withdrawn) and vary any such postponement or adjournment.
(7) Any act required or authorised by these Rules to be done by a tribunal may be done by the President, the Vice-President or by a chairman except -
(8) Any act required or authorised by rule 14 and paragraph (6) to be done by a chairman may be done by a tribunal or on the direction of the President, the Vice-President or a chairman.
(9) Any function of the Secretary may be performed by a person acting with the authority of the Secretary.
(10) Rule 12 shall apply to an order dismissing proceedings under paragraph (2)(a).
Extension of time
14.
- (1) A chairman may, on the application of a party or of his own motion, extend the time for doing any act appointed by or under these Rules (including this rule) and may do so whether or not the time so appointed has expired.
(2) An application under paragraph (1) shall be made by presenting to the Secretary a notice of application, which shall state the title of the proceedings and shall set out the grounds of the application.
(3) The Secretary shall give notice to each of the parties of any extension of time granted under this rule.
Devolution issues
15.
- (1) In any proceedings in which a devolution issue arises, the Secretary shall as soon as reasonably practicable by notice inform each of the relevant authorities thereof (unless the person to whom notice would be given is a party to the proceedings) and shall at the same time -
(2) A person to whom notice is given in pursuance of paragraph (1) may within 14 days of receipt thereof by notice to the Secretary take part as a party in the proceedings, so far as they relate to the devolution issue. The Secretary shall send a copy of the notice to the other parties to the proceedings.
Joinder and representative respondents
16.
- (1) A tribunal may at any time, on the application of any person made by notice to the Secretary or of its own motion, direct any person against whom any relief is sought to be joined as a party, and give such consequential directions as it considers necessary.
(2) A tribunal may likewise, on such application or of its own motion, order that any respondent named in the originating application or subsequently added, who appears to the tribunal not to have been, or to have ceased to be, directly interested in the subject of the originating application, be dismissed from the proceedings.
(3) Where there are a number of persons having the same interest in an originating application, one or more of them may be cited as the person or persons against whom relief is sought, or may be authorised by the tribunal, before or at the hearing, to defend on behalf of all the persons so interested.
Combined proceedings
17.
- (1) Where in relation to two or more originating applications pending before the tribunal, it appears to the tribunal, on the application of a party made by notice to the Secretary or of its own motion, that -
the tribunal may order that some (as specified in the order) or all of the originating applications in respect of which it so appears to the tribunal shall be considered together, and may give such consequential directions as may be necessary.
(2) The tribunal shall only make an order under this rule if -
(3) The tribunal may, on the application of a party made by notice to the Secretary or of its own motion, vary or set aside an order made under this rule but shall not do so unless it has given each party an opportunity to make either oral or written representations before the order is varied or set aside.
Complaints involving matters within the jurisdiction of industrial tribunal
18.
Before making a direction under Article 85(2) of the Order of 1998 the President or the Vice-President shall send a notice to the parties and to any other person likely to be affected by such a direction giving them an opportunity to show cause why such a direction should not be made.
References to the European Court of Justice
19.
Where a tribunal makes an order referring a question to the European Court of Justice for a preliminary ruling under Article 234 of the Treaty establishing the European Community, the Secretary shall send a copy of the order to the Registrar of that Court but shall not do so until the time for appealing against the order has expired or, if an appeal is made within that time, until the appeal has been determined or otherwise disposed of.
Notices, etc.
20.
- (1) Any notice given under these Rules shall be in writing.
(2) All notices and documents required by these Rules to be presented to the Secretary may be presented at the Office of the Tribunals or such other office as may be notified by the Secretary to the parties.
(3) All notices and documents required or authorised by these Rules to be sent or given to any person hereinafter mentioned may be sent through a document exchange in accordance with paragraph (5), or by ordinary post (subject to paragraph (6)) or delivered to or at -
(e) in the case of a notice or document directed to any person (other than a person specified in the foregoing provisions of this paragraph), his address or place of business in the United Kingdom or, if the person is a corporate body, the body's registered or principal office in the United Kingdom,
and a notice or document sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.
(4) A party may at any time by notice to the Secretary and to the other party or parties change the address to which notices and documents are to be sent.
(5) Where -
service of the notice or document may be effected by leaving it addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any notice or document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.
(6) In any case he considers appropriate, the President or the Vice-President may direct that there shall be substituted service in such manner as he may deem fit.
Duty of the Secretary upon receipt of notice of appeal
2.
Upon receiving a notice of appeal the Secretary shall -
(b) send a copy of the notice of appeal to the Commission; and
(c) inform the parties in writing of the case number of the appeal entered in the Register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Secretary shall be sent.
Power to require attendance of witnesses and production of documents, etc.
3.
- (1) A tribunal may on the application of a party to the proceedings made either by notice to the Secretary or at the hearing -
and may appoint the time at or within which or the place at which any act required in pursuance of this rule is to be done.
(2) Every document containing a requirement under paragraph (1)(b) or (c) shall contain a reference to the fact that under Article 84(9) and (10) of the Order of 1998 any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and if without reasonable excuse the failure continues after conviction, shall be liable on a second or subsequent summary conviction to a fine for each day on which the failure continues and the document shall state the amounts of the current maximum fines.
(3) Where a requirement has been imposed under paragraph (1) -
that party or person may apply to the tribunal by notice to the Secretary to vary or set aside the requirement. Such notice shall be given before the time at which or, as the case may be, the expiration of the time within which the requirement is to be complied with, and the Secretary shall give notice of the application to each party, or where applicable, each party other than the party making the application.
(4) If a requirement under paragraph (1) is not complied with, the tribunal -
but a tribunal shall not exercise its powers under this paragraph unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so, or the party has been given an opportunity to show cause orally why the powers conferred by this paragraph should not be exercised.
Time and place of hearing
4.
- (1) The President or the Vice-President shall fix the date, time and place of the hearing of the appeal and the Secretary shall not less than 14 days (or such shorter time as may be agreed by him with the parties) before the date so fixed send to each party a notice of hearing together with information and guidance as to attendance at the hearing, witnesses and the bringing of documents (if any), representation by another person and written representations.
(2) Where the President or the Vice-President so directs, the Secretary shall also send notice of the hearing to such persons as may be directed, but the requirements as to the period of notice contained in paragraph (1) shall not apply to any such notices.
The hearing
5.
- (1) Any hearing of an appeal shall be heard by a tribunal composed in accordance with regulation 4.
(2) Any hearing of or in connection with an appeal shall take place in public.
(3) Notwithstanding paragraph (2), a tribunal may sit in private for the purposes of -
(4) If a party wishes to submit representations in writing for consideration by the tribunal at the hearing of the appeal, he shall present his representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to each other party.
(5) The tribunal may, if it considers it appropriate, consider representations in writing which have been submitted to the Secretary less than 7 days before the hearing.
(6) At any hearing of or in connection with an appeal a party may appear before a tribunal and may be heard in person or be represented by counsel or by a solicitor or by any other person whom he desires to represent him.
Procedure at hearing
6.
- (1) At any hearing of or in connection with an appeal a party shall be entitled to make an opening statement, to give evidence, to call witnesses, to cross-examine any witnesses called by the other party and to address the tribunal.
(2) If a party shall fail to appear or to be represented at the time and place fixed for the hearing of an appeal, the tribunal may dispose of the appeal in the absence of that party or may adjourn the hearing to a later date; provided that before disposing of an appeal in the absence of a party the tribunal shall consider any written representations submitted by that party pursuant to rule 5(4) or (5).
(3) A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Decision of tribunal
7.
- (1) Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.
(2) The decision of a tribunal, which may be given orally at the end of a hearing or reserved, shall be recorded in a document signed by the chairman which shall contain the reasons for the decision.
(3) The clerk shall transmit the document signed by the chairman to the Secretary who shall enter it in the Register and shall send a copy of the entry to each of the parties.
(4) The reasons for the decision shall be omitted from the Register in any case in which evidence has been heard in private and the tribunal so directs.
(5) Clerical mistakes in the document referred to in paragraph (2) or errors arising in that document from an accidental slip or omission, may at any time be corrected by the chairman by certificate.
(6) If any document is corrected by a certificate under paragraph (5) or a decision is -
the Secretary shall alter the entry in the Register to conform with any such certificate or order and shall send a copy of the new entry to each of the parties and, where the proceedings were referred to the tribunal by a court, to that court.
(7) Where a document omitted from the Register pursuant to paragraph (4) is corrected by certificate under paragraph (5), the Secretary shall send a copy of the corrected document to the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (6).
(8) Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.
Review of tribunal's decision
8.
- (1) Subject to the provisions of this rule, a tribunal shall have power on the application of a party or of its own motion, to review any decision on the grounds that -
(2) A tribunal may not review a decision of its own motion unless it is the tribunal which issued the decision.
(3) A tribunal may only review a decision of its own motion if -
(4) An application for the purposes of paragraph (1) may be made at the hearing. If no application is made at the hearing, an application may be made to the Secretary on or after the date of the hearing, but within 14 days of the date on which the decision was sent to the parties. Such application must be in writing and must state the grounds in full.
(5) An application for the purposes of paragraph (1) may be refused by the President, the Vice-President or by the chairman of the tribunal which decided the case if in his opinion it has no reasonable prospect of success and he shall state the reasons for his opinion.
(6) If such an application is not refused under paragraph (5) it shall be heard by the tribunal which decided the case; or -
by a tribunal appointed by either the President or the Vice-President.
(7) On reviewing its decision a tribunal may confirm the decision, or vary or revoke the decision; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.
Costs
9.
- (1) A tribunal may make an order that a party shall pay to the other party either a specified sum being the sum agreed between them in respect of the costs of or in connection with an appeal incurred by that other party or, in default of agreement, the amount of those costs as assessed by way of detailed assessment.
(2) Where the tribunal has on the application of a party postponed the day or time fixed for or adjourned the hearing, the tribunal may make an order of the kind mentioned in paragraph (1), against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.
(3) Any costs required by an order under this rule to be assessed by way of detailed assessment may be so assessed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed by the order.
Miscellaneous powers
10.
- (1) Subject to the provisions of these Rules, a tribunal may regulate its own procedure.
(2) A tribunal may -
(3) Subject to rule 3(3), a tribunal may, if it thinks fit, before granting an application under rule 3 or 11 require the party making the application to give notice of it to the other party. The notice shall give particulars of the application and indicate the address to which and the time within which any objection to the application shall be made being an address and time specified for the purposes of the application by the tribunal.
(4) A chairman may postpone the day or time fixed for, or adjourn, any hearing and vary any such postponement or adjournment.
(5) Any act required or authorised by these Rules to be done by a tribunal may be done by the President, the Vice-President or by a chairman except -
(6) Any act required or authorised by rule 11 and paragraph (4) to be done by a chairman may be done by a tribunal or on the direction of the President, the Vice-President or a chairman.
(7) Rule 9 shall apply to an order dismissing proceedings under paragraph (2)(b).
Extension of time and directions
11.
- (1) A chairman may, on the application of a party or of his own motion, extend the time for doing any act appointed by or under these Rules (including this rule) and may do so whether or not the time so appointed has expired.
(2) A tribunal may at any time, on the application of a party or of its own motion, give such directions on any matter arising in connection with the proceedings as appear to the tribunal to be appropriate.
(3) An application under paragraph (1) or (2) shall be made by presenting to the Secretary a notice of application, which shall state the title of the proceedings and shall set out the grounds of the application.
(4) The Secretary shall give notice to each of the parties of any extension of time granted or any directions given under this rule.
Devolution issues
12.
- (1) In any proceedings in which a devolution issue arises, the Secretary shall as soon as reasonably practicable by notice inform each of the relevant authorities thereof (unless the person to whom notice would be given is a party to the proceedings) and shall at the same time -
(2) A person to whom notice is given in pursuance of paragraph (1) may within 14 days of receipt thereof by notice to the Secretary take part as a party in the proceedings, so far as they relate to the devolution issue. The Secretary shall send a copy of the notice to the other parties to the proceedings.
Notices, etc.
13.
- (1) Any notice given under these Rules shall be in writing.
(2) All notices and documents required by these Rules to be presented to the Secretary may be presented at the Office of the Tribunals or such other office as may be notified by the Secretary to the parties.
(3) All notices and documents required or authorised by these Rules to be sent or given to any person hereinafter mentioned may be sent through a document exchange in accordance with paragraph (5), or by ordinary post (subject to paragraph (6)) or delivered to or at -
(e) in the case of a notice or document directed to any person (other than a person specified in the foregoing provisions of this paragraph), his address or place of business in the United Kingdom or, if the person is a corporate body, the body's registered or principal office in the United Kingdom;
and a notice or document sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.
(4) A party may at any time by notice to the Secretary and to the other party change the address to which notices and documents are to be sent.
(5) Where -
service of the notice or document may be effected by leaving it addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any notice or document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.
(6) In any case he considers appropriate, the President or the Vice-President may direct that there shall be substituted service in such manner as he may deem fit.
Duty of the Secretary upon receipt of a notice of application for enforcement
2.
- (1) Upon receiving a notice of application for enforcement the Secretary shall -
(b) send a copy of it to the respondent; and
(c) give every party notice in writing of the case number of the application (which shall constitute the title of the proceedings) and of the address to which notices and other communications to the Secretary shall be sent.
Application to enforce, revoke or vary a tribunal order
3.
- (1) An application to the tribunal -
shall be made by presenting a notice to the Secretary.
(2) Upon receiving a notice under paragraph (1) the Secretary shall forthwith send a copy to the parties (other than the party making the application).
Power to require further particulars and attendance of witnesses and to grant discovery
4.
- (1) A tribunal may on the application of a party to the proceedings made either by notice to the Secretary or at the hearing -
and may appoint the time at or within which or the place at which any act required in pursuance of this rule is to be done.
(2) Every document containing a requirement under paragraph (1)(b) or (c) shall contain a reference to the fact that under Article 84(9) and (10) of the Order of 1998 any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and if without reasonable excuse the failure continues after conviction, shall be liable on a second or subsequent summary conviction to a fine for each day on which the failure continues and the document shall state the amounts of the current maximum fines.
(3) Where a requirement has been imposed under paragraph (1) -
that party or person may apply to the tribunal by notice to the Secretary to vary or set aside the requirement. Such notice shall be given before the time at which or, as the case may be, the expiration of the time within which the requirement is to be complied with, and the Secretary shall give notice of the application to each party, or where applicable, each party other than the party making the application.
(4) If a requirement under paragraph (1) is not complied with, the tribunal -
but a tribunal shall not exercise its powers under this paragraph unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so, or the party has been given an opportunity to show cause orally why the powers conferred by this paragraph should not be exercised.
Time and place of hearing
5.
- (1) Subject to Article 16(4)(c) of the Order of 1998, the President or the Vice-President shall fix the date, time and place of any hearing related to an application for enforcement and the Secretary shall not less than 14 days (or such shorter time as may be agreed by him with the parties) before the date so fixed send to each party a notice of hearing which shall include information and guidance as to attendance at the hearing, witnesses and the bringing of documents (if any), representation by another person and written representations.
(2) Where the President or the Vice-President so directs, the Secretary shall also send notice of the hearing to such persons as may be directed, but the requirements as to the period of notice contained in paragraph (1) shall not apply to any such notices.
The hearing
6.
- (1) Any hearing of an application for enforcement shall be heard by a tribunal composed in accordance with regulation 4.
(2) Any hearing of or in connection with an application for enforcement shall take place in public.
(3) Notwithstanding paragraph (2), a tribunal may sit in private for the purposes of -
(4) If a party wishes to submit representations in writing for consideration by the tribunal at the hearing related to an application for enforcement he shall present his representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to each other party.
(5) The tribunal may, if it considers it appropriate, consider representations in writing which have been submitted to the Secretary less than 7 days before the hearing.
(6) Subject to Article 16(4)(c) of the Order of 1998, at any hearing related to an application for enforcement, a party-
(7) If a party shall fail to appear or to be represented at the time and place fixed for any hearing, the tribunal may, subject to Article 17 of the Order of 1998, dispose of the matter in the absence of that party or may adjourn the hearing to a later date; provided that before disposing of such a matter in the absence of a party the tribunal shall consider any representations submitted by that party pursuant to paragraph (4) or (5).
(8) A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Decision of tribunal
7.
- (1) Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.
(2) The decision of a tribunal which may be given orally at the end of a hearing or reserved shall be recorded in a document signed by the chairman which shall specify the reasons for the decision.
(3) The clerk shall send the document referred to in paragraph (2) to the Secretary who shall enter it in the Register and shall send a copy of the entry to each of the parties.
(4) The reasons for the decision shall be omitted from the Register in any case in which -
and in that event a specification of the reasons shall be sent to each of the parties, and to any superior court in any proceedings relating to the decision, together with the copy of the entry in the Registry of the document referred to in paragraph (3).
(5) Clerical mistakes in the document referred to in paragraph (2) or errors arising in that document from an accidental slip or omission, may at any time be corrected by the chairman by certificate.
(6) If a document is corrected by certificate under paragraph (5) or if a decision is -
the Secretary shall alter the entry in the Register to conform with any such certificate or order and shall send a copy of the entry so altered to each of the parties.
(7) Where a document omitted from the Register pursuant to paragraph (4) is corrected by certificate under paragraph (5), the Secretary shall send a copy of the corrected document to each of the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (6).
(8) Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.
Review of tribunal's decision
8.
- (1) Subject to the provisions of this rule, a tribunal shall have power on the application of a party or of its own motion to review any decision on the grounds that -
(2) A tribunal may not review a decision of its own motion unless it is the tribunal which issued the decision.
(3) A tribunal may only review a decision of its own motion if -
(4) An application for the purposes of paragraph (1) may be made at the hearing. If no application is made at the hearing, an application may be made to the Secretary on or after the date of the hearing, but within 14 days of the date on which the decision was sent to the parties. Such application must be in writing and must state the grounds in full.
(5) An application for the purposes of paragraph (1) may be refused by the President, the Vice-President or by the chairman of the tribunal which decided the case if in his opinion it has no reasonable prospect of success and he shall state the reasons for his opinion.
(6) If such an application is not refused under paragraph (5) it shall be heard by the tribunal which decided the case; or -
by a tribunal appointed by either the President or the Vice-President.
(7) On reviewing its decision a tribunal may confirm the decision, or vary or revoke the decision; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.
Costs
9.
- (1) A tribunal may make an order that a party shall pay to the other party either a specified sum being the sum agreed between them in respect of the costs of or in connection with the proceedings incurred by that other party or, in default of agreement, the amount of those costs as assessed by way of detailed assessment.
(2) Where a tribunal has on the application of a party to the proceedings postponed the day or time fixed for or adjourned the hearing, the tribunal may make an order of the kind mentioned in paragraph (1) against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.
(3) Any costs required by an order under this rule to be assessed by way of detailed assessment may be so assessed in accordance with such of the scales prescribed by county court rules for proceedings in the county court as shall be directed by the order.
Miscellaneous powers
10.
- (1) Subject to the provisions of these Rules, the tribunal may regulate its own procedure.
(2) A tribunal may -
(3) Subject to rule 4(3), a tribunal may, if it thinks fit, before granting an application under rule 4 or 11 require the party making the application to give notice of it to every other party. The notice shall give particulars of the application and indicate the address to which and the time within which any objection to the application shall be made being an address and time specified for the purposes of the application by the tribunal.
(4) A chairman may postpone the day or time fixed for, or adjourn, any hearing and vary any such postponement or adjournment.
(5) Any act required or authorised by these Rules to be done by a tribunal may be done by the President, the Vice-President or by a chairman except -
(6) Any act required or authorised by rule 11 and paragraph (4) to be done by a chairman may be done by a tribunal or on the direction of the President, the Vice-President or a chairman.
(7) Rule 9 shall apply to an order dismissing proceedings under paragraph (2)(b).
Extension of time and directions
11.
- (1) A chairman may, on the application of a party or of his own motion, extend the time for doing any act appointed by or under these Rules (including this rule) and may do so whether or not the time so appointed has expired.
(2) A tribunal may at any time, on the application of a party or of its own motion, give such directions on any matter arising in connection with the proceedings as appear to the tribunal to be appropriate.
(3) An application under paragraph (1) or (2) shall be made by presenting to the Secretary a notice of application, which shall state the title of the proceedings and shall set out the grounds of the application.
(4) The Secretary shall give notice to each of the parties of any extension of time granted or any directions given under this rule.
Devolution issues
12.
- (1) In any proceedings in which a devolution issue arises, the Secretary shall as soon as reasonably practicable by notice inform each of the relevant authorities thereof (unless the person to whom notice would be given is a party to the proceedings) and shall at the same time -
(2) A person to whom notice is given in pursuance of paragraph (1) may within 14 days of receipt thereof by notice to the Secretary take part as a party in the proceedings, so far as they relate to the devolution issue. The Secretary shall send a copy of the notice to the other parties to the proceedings.
Notices, etc.
13.
- (1) Any notice given under these Rules shall be in writing.
(2) All notices and documents required by these Rules to be presented to the Secretary may be presented at the Office of the Tribunals or such other office as may be notified by the Secretary to the parties.
(3) All notices and documents required or authorised by these Rules to be sent or given to any person hereinafter mentioned may be sent through a document exchange in accordance with paragraph (5), or by ordinary post (subject to paragraph (6)) or delivered to or at -
(d) in the case of a notice or document directed to any person (other than a person specified in the foregoing provisions of this paragraph), his address or place of business in the United Kingdom or, if the person is a corporate body, the body's registered or principal office in the United Kingdom,
and a notice or document sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.
(4) A party may at any time by notice to the Secretary and to the other party change the address to which notices and documents are to be sent.
(5) Where -
service of the notice or document may be effected by leaving it addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any notice or document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.
(6) In any case he considers appropriate, the President or the Vice-President may direct that there shall be substituted service in such manner as he may deem fit.
(1) | (2) |
Regulations revoked | References |
Fair Employment Tribunal Regulations (Northern Ireland) 1989 | S.R. 1989 No. 444. |
Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1989 | S.R. 1989 No. 445. |
The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 452. |
[2] Article 84B was inserted by S.I. 2003/2902 (N.I. 15), Article 13back
[3] S.I. 1998/3162 (N.I. 21)back
[4] See S.R. 1999 No. 481 Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999back
[5] S.I. 1992/807 (N.I. 5)back