Statutory Rules of Northern Ireland

(a) the Fair Employment Tribunal Rules of Procedure;

(b) the Fair Employment Tribunal (Appeals) Rules of Procedure; and

(c) the Fair Employment Tribunal (Enforcement) Rules of Procedure.

(a) the information provided in the claim is substantially the same as the information which would have been provided had the prescribed form been used; and

(b) the form in which the claim is presented is not calculated to mislead,

that claim shall be taken to have been presented on a claim form prescribed by the Department in accordance with regulation 8.

    (4) Subject to paragraph (5), the required information in relation to the claim is -

(a) each claimant's name;

(b) each claimant's address;

(c) the name of each person against whom the claim is made ("the respondent");

(d) each respondent's address;

(e) details of the claim;

(f) whether or not the claimant is or was an employee of the respondent;

(g) whether or not the claimant has raised the subject matter of the claim with the respondent in writing at least 28 days prior to presenting the claim to the Office of the Tribunals; and

(h) if the claimant has not done as described in sub-paragraph (g), why he has not done so.

    (5) In the following circumstances the required information identified below is not required to be provided in relation to that claim -

(a) send a copy of the claim to each respondent and record in writing the date on which it was sent;

(b) inform the parties in writing of the case number of the claim (which must from then on be referred to in all correspondence relating to the claim) and the address to which notices and other communications to the Office of the Tribunals must be sent;

(c) inform the respondent in writing about how to present a response to the claim, the time limit for doing so, what may happen if a response is not entered within the time limit and that the respondent has a right to receive a copy of any decision disposing of the claim;

(d) notify the parties that the services of a conciliation officer are available to them;

(e) if only part of the claim has been accepted, inform the claimant and any respondent which parts of the claim have not been accepted and that the tribunal shall not proceed to deal with those parts unless they are accepted at a later date;

(f) enter the following details of the claim in the Register -


(i) the case number;

(ii) the date the Secretary received the claim (on this occasion);

(iii) the name of each claimant;

(iv) the name of each respondent;

(v) the type of claim brought in general terms without reference to detail.

(a) the information provided in the response is substantially the same as the information which would have been provided had the prescribed form been used; and

(b) the form in which the response is presented is not calculated to mislead,

that response shall be taken to have been presented on a response form prescribed by the Department in accordance with regulation 8.

    (4) The required information in relation to the response is -

(a) each respondent's name;

(b) each respondent's address;

(c) whether or not the respondent wishes to resist the claim in whole or in part; and

(d) if the respondent wishes to so resist, on what grounds.

    (5) The respondent may apply under rule 10 for an extension of the time limit within which he is to present his response. The application must be presented to the Office of the Tribunals within 28 days of the date on which the respondent was sent a copy of the claim (unless the application is made under rule 29(1)) and must explain why the respondent cannot comply with the time limit. Subject to rule 29, the chairman shall only extend the time within which a response may be presented if he is satisfied that it is just and equitable to do so.

    (6) A single document may include the response to more than one claim if the relief claimed arises out of the same set of facts, provided that in respect of each of the claims to which the single response relates -

(a) the respondent intends to resist all the claims and the grounds for doing so are the same in relation to each claim; or

(b) the respondent does not intend to resist any of the claims.

    (7) A single document may include the response of more than one respondent to a single claim provided that -

(a) each respondent intends to resist the claim and the grounds for doing so are the same for each respondent; or

(b) none of the respondents intends to resist the claim.

Acceptance of response procedure

(a) no response in those proceedings has been presented to the Office of the Tribunals within the relevant time limit;

(b) a response has been so presented, but a decision has been made not to accept the response either by the Secretary under rule 6(1) or by a chairman under rule 6(2), and the Office of the Tribunals has not received an application under rule 30 to have that decision reviewed; or

(c) a response has been accepted in those proceedings, but the respondent has stated in the response that he does not intend to resist the claim.

(a) as to the manner in which the proceedings are to be conducted, including any time limit to be observed;

(b) that a party provide additional information;

(c) requiring the attendance of any person in Northern Ireland to give evidence and to produce documents or information;

(d) requiring any person in Northern Ireland to disclose documents or information to a party or to allow a party to inspect such material as might be ordered by a county court;

(e) extending any time limit, whether or not expired (subject to rules 4(5), 10(2), 21(5), 26(5), 29(1), 31(1), 34(7), 37(5) and 42(9));

(f) requiring the provision of written answers to questions put by the tribunal or chairman;

(g) staying the whole or part of any proceedings;

(h) that part of the proceedings be dealt with separately;

(i) that different claims be considered together;

(j) that any person who the chairman or tribunal considers may be liable for the remedy claimed should be made a respondent in the proceedings;

(k) dismissing the claim against a respondent who is no longer directly interested in the claim;

(l) postponing or adjourning any hearing;

(m) varying or revoking other orders;

(n) giving notice to the parties of a pre-hearing review or a hearing under rule 22;

(o) giving notice under rule 18;

(p) giving leave to amend a claim or response;

(q) that any person who the chairman or tribunal considers has an interest in the outcome of the proceedings may be joined as a party to the proceedings;

(r) that a witness statement be prepared or exchanged; or

(s) as to the use of experts or interpreters in the proceedings.

(a) a case management discussion under rule 16;

(b) a pre-hearing review under rule 17;

(c) a hearing under rule 22; or

(d) a review hearing under rule 29 or 32.

(a) determine any interim or preliminary matter relating to the proceedings;

(b) issue any order in accordance with rule 9 or do anything else which may be done at a case management discussion;

(c) order that a deposit be paid in accordance with rule 19 without hearing evidence;

(d) consider any oral or written representations or evidence.

    (3) Pre-hearing reviews shall be conducted by a tribunal composed in accordance with regulation 6 if -

(a) a party has made a request in writing not less than 10 days before the date on which the pre-hearing review is due to take place that the pre-hearing review be conducted by a tribunal instead of a chairman; and

(b) a chairman considers that one or more substantive issues of fact are likely to be determined at the pre-hearing review, that it would be desirable for the pre-hearing review to be conducted by a tribunal and he has issued an order that the pre-hearing review be conducted by a tribunal.

    (4) If an order is made under paragraph (3), any reference to a chairman in relation to a pre-hearing review shall be read as a reference to a tribunal.

    (5) Notwithstanding the preliminary or interim nature of a pre-hearing review, at a pre-hearing review the chairman may make a decision on any preliminary issue of substance relating to the proceedings. Orders made at a pre-hearing review may result in the proceedings being struck out or dismissed or otherwise determined with the result that a hearing under rule 22 is no longer necessary in those proceedings.

    (6) Before an order listed in paragraph (7) is made, notice must be given in accordance with rule 18. The orders listed in paragraph (7) may be made at a pre-hearing review or a hearing under rule 22 if one of the parties has so requested. If no such request has been made such orders may be made in the absence of the parties.

    (7) Subject to paragraph (6), a chairman or tribunal may make an order -

(a) as to the entitlement of any party to bring or contest particular proceedings;

(b) striking out or amending all or part of any claim or response on the grounds that it is scandalous, vexatious or misconceived;

(c) striking out any claim or response (or part of one) on the grounds that the manner in which the proceedings have been conducted by or on behalf of the claimant or the respondent (as the case may be) has been scandalous, unreasonable or vexatious;

(d) striking out a claim which has not been actively pursued;

(e) striking out a claim or response (or part of one) for non-compliance with an order or practice direction;

(f) striking out a claim where the chairman or tribunal considers that it is no longer possible to have a fair hearing under rule 22 in those proceedings.

(a) within the period of 21 days of the day on which the document recording the making of the order is sent to him; or

(b) within such further period, not exceeding 14 days, as the chairman may allow in the light of representations made by that party within the period of 21 days,

a chairman shall strike out the claim or response of that party or, as the case may be, the part of it to which the order relates.

    (5) The deposit paid by a party under an order made under this rule shall be refunded to him in full except where rule 41 applies.

(a) decision; or

(b) order, if a request for reasons is made before or at the hearing at which the order is made.

    (2) Reasons may be given orally at the time of issuing the decision or order or they may be reserved to be given in writing at a later date. If reasons are reserved, they shall be signed by the chairman and sent to the parties by the Secretary.

    (3) Where oral reasons have been provided, written reasons shall only be provided -

(a) in relation to decisions if requested by one of the parties within the time limit set out in paragraph (5); or

(b) in relation to any decision or order if requested by the Court of Appeal at any time.

    (4) When written reasons are provided, the Secretary shall send a copy of the reasons to all parties to the proceedings and record the date on which the reasons were sent. Written reasons shall be signed by the chairman.

    (5) A request for written reasons for a decision must be made by a party either orally at the hearing (if the decision is issued at the hearing), or in writing within 14 days of the date on which the decision was sent to the parties. This time limit may be extended by a chairman where he considers it just and equitable to do so.

    (6) Written reasons for a decision shall include the following information -

(a) the issues which the tribunal or chairman has identified as being relevant to the claim;

(b) if some identified issues were not determined, what those issues were and why they were not determined;

(c) findings of fact relevant to the issues which have been determined;

(d) a concise statement of the applicable law;

(e) how the relevant findings of fact and applicable law have been applied in order to determine the issues; and

(f) where the decision includes an award of compensation or a determination that one party make a payment to the other, a table showing how the amount or sum has been calculated or a description of the manner in which it has been calculated.

(a) refuse the application for a review;

(b) vary the default judgement;

(c) revoke all or part of the default judgement; or

(d) confirm the default judgement,

(a) a party ("the paying party") make a payment in respect of the costs incurred by another party ("the receiving party");

(b) the paying party pay to the Department, in whole or in part, any allowances paid by the Department to any person for the purposes of, or in connection with, that person's attendance at the tribunal.

    (2) A costs order may be made under rules 35 and 41 only where the receiving party has been legally represented at the hearing under rule 22 or, in proceedings which are determined without such hearing, if the receiving party is legally represented when the proceedings are determined. If the receiving party has not been so legally represented a tribunal or chairman may make a preparation time order (subject to rules 37 to 39). (See rule 40 on the restriction on making a costs order and a preparation time order in the same proceedings.)

    (3) For the purposes of these Rules "costs" shall mean fees, charges or disbursements incurred by or on behalf of a party in relation to the proceedings.

    (4) A costs order may be made against or in favour of a respondent who has not had a response accepted in the proceedings in relation to the conduct of any part which he has taken in the proceedings.

    (5) In these Rules "legally represented" means having the assistance of a person (including where that person is the receiving party's employee) who -

(a) the receiving party or his employees carrying out preparatory work directly relating to the proceedings; and

(b) the receiving party's legal or other advisers relating to the conduct of the proceedings,

up to but not including time spent at any hearing under rule 22.

    (4) A preparation time order may be made against a respondent who has not had a response accepted in the proceedings in relation to the conduct of any part which he has taken in the proceedings.

    (5) A party may apply to the tribunal for a preparation time order to be made at any time during the proceedings. An application may be made at the end of a hearing or in writing to the Secretary. An application for preparation time which is received by the Office of the Tribunals later than 28 days from the issuing of the decision determining the claim shall not be accepted or considered by a tribunal or chairman unless it or he considers that it is in the interests of justice to do so.

    (6) In paragraph (5) the date of issuing of the decision determining the claim shall be either -

(a) the date of the hearing under rule 22 if the decision was issued orally; or

(b) if the decision was reserved, the date on which the written decision was sent to the parties.

(a) disallow, or order the representative of a party to meet, the whole or part of any wasted costs of any party (including an order that the representative repay to his client any costs which have already been paid); and

(b) order the representative to pay to the Department, in whole or in part, any allowances paid by the Department to any person for the purposes of, or in connection with, that person's attendance at the tribunal by reason of the representative's conduct of the proceedings.

    (3) "Wasted costs" means any costs incurred by a party -

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any representative; or

(b) which, in the light of any such act or omission occurring after they were incurred, the tribunal or chairman considers it unreasonable to expect that party to pay.

    (4) In this rule "representative" means a party's legal or other representative or any employee of such representative, but it does not include a representative who is not acting in pursuit of profit with regard to those proceedings.

    (5) A wasted costs order may be made in favour of a party whether or not that party is legally represented and such an order may also be made in favour of a representative's own client. A wasted costs order may not be made against a representative where that representative is an employee of a party.

    (6) Before making a wasted costs order, the tribunal or chairman shall give the representative a reasonable opportunity to make oral or written representations as to reasons why such an order should not be made. The tribunal or chairman may also have regard to the representative's ability to pay when considering whether to make a wasted costs order or how much that order should be.

    (7) Where a tribunal or chairman makes a wasted costs order, it or he must specify in the order the amount to be disallowed or paid.

    (8) The Secretary shall inform the representative's client in writing -

(a) of any proceedings under this rule; or

(b) of any order made under this rule against the party's representative.

    (9) Where a tribunal or chairman makes a wasted costs order it or he shall provide written reasons for doing so if a request is made for written reasons within 14 days of the date of the wasted costs order. This 14 day time limit may not be extended under rule 9. The Secretary shall send a copy of the written reasons to all parties to the proceedings.

(a) by post;

(b) by fax or other means of electronic communication;

(c) through a document exchange in accordance with paragraph (6); or

(d) by personal delivery.

    (2) Where a notice or document has been given or sent in accordance with paragraph (1), that notice or document shall, unless the contrary is proved, be taken to have been received by the party to whom it is addressed -

(a) in the case of a notice or document given or sent by post, on the day on which the notice or document would be delivered in the ordinary course of post;

(b) in the case of a notice or document transmitted by fax or other means of electronic communication, on the day on which the notice or document is transmitted;

(c) in the case of a notice or document which is left at a document exchange in accordance with paragraph (6), on the second business day following the day on which it is left; and

(d) in the case of a notice or document delivered in person, on the day on which the notice or document is delivered.

    (3) All notices and documents required by these Rules to be presented to the Secretary or the Office of the Tribunals, other than a claim, shall be presented at the Office of the Tribunals or such other office as notified by the Secretary to the parties.

    (4) All notices and documents required or authorised by these Rules to be sent or given to any person listed below may be sent to or delivered at -

(a) in the case of any notice or document directed to the Department in proceedings to which it is not a party, the offices of the Department for Employment and Learning at Adelaide House, 39/49 Adelaide Street, Belfast, BT2 8FD, or such other office as may be notified by the Department;

(b) in the case of a notice or document directed to the Attorney General for Northern Ireland under rule 43, the Attorney General's Chambers, 9 Buckingham Gate, London, SW1E 7JP;

(c) in the case of a notice or document directed to a court, the office of the clerk of the court;

(d) in the case of a notice or document directed to a party -


(i) the address specified in the claim or response to which notices and documents are to be sent, or in a notice under paragraph (5); or

(ii) if no such address has been specified, or if a notice sent to such an address has been returned, to any other known address or place of business in the United Kingdom or, if the party is a corporate body, the body's registered or principal office in the United Kingdom, or, in any case, such address or place outside the United Kingdom as the President or the Vice-President may allow;



(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 taken to have been sent or given to that party.

    (5) A party may at any time by notice to the Office of the Tribunals and to the other party or parties (and, where appropriate, to the appropriate conciliation officer) change the address to which notices and documents are to be sent or transmitted.

    (6) Where -

(a) the proper address for service of any notice or document required or authorised by these Rules to be sent or given to any person includes a numbered box at a document exchange; or

(b) there is inscribed on the writing paper of the party on whom the notice or document is to be served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by a solicitor) a document exchange box number, and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the notice or document that he is unwilling to accept service through a document exchange,

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.

    (7) The President or the Vice-President may order that there shall be substituted service in such manner as he may deem fit in any case he considers appropriate.

    (8) Copies of every document sent to the parties under rule 25, 26 or 28 shall be sent to the Commission.

(a) against a direction as referred to in Article 15 of the Fair Employment and Treatment Order; and

(b) against a notice of refusal as referred to in Article 62(7) or 63(5) of the Fair Employment and Treatment Order,

(a) the name and address of the applicant and, if different, an address to which notices and documents relating to the application are to be sent;

(b) the name and address of the respondent;

(c) details (including the date and particulars) of the undertaking or directions to which the application relates; and

(d) the grounds for the application.