Industrial Tribunals
Before making a complaint to an Industrial Tribunal, an employee should seek to resolve the dispute by agreement. This should be done through the business’s own grievance procedure, where it exists. Employers and employees may seek assistance from the reconciliation officer of the Labour Relations Agency. The time limit for an application to the Industrial Tribunal applies notwithstanding attempts made to settle a dispute.
Where statutory employment rights and, in some cases, contractual rights are infringed by an employer, the employee may make an application or complaint to the Industrial Tribunal. Complaint form N1 is available from the office of the Industrial Tribunals and Fair Employment Tribunal. Completed forms are returned to the Tribunal.
When the Tribunal’s offices receive a form, they will send a copy to a conciliation officer of the Labour Relations Agency. They will seek to reach a negotiated settlement.
A hearing or review of the case may be undertaken by the chairman alone or a full Tribunal. This may arise from a request of either party or by determination of the Tribunal itself. Where it appears the case has little prospect of success, either party may be ordered to pay a deposit of up to £150.
If conciliation does not lead to settlement, the case is heard by an Industrial Tribunal. The chairman may sit alone or with just one lay member.
Tribunal hearings must take place in Belfast or in larger towns. Both parties attend, and the procedure is relatively informal.
A party may choose to be represented by a solicitor, barrister, or trade union representative or employer association representative. Representation by a relative may be permitted.
Complaints must generally be made within three months from the date of infringement. In some cases, the relevant period is prescribed by the relevant legislation in the area concerned.
Where an unfair dismissal determination is made, the Tribunal may order reinstatement or compensation. The employee is obliged to mitigate his or her loss. If, for example, he fails to take reasonable steps to secure alternative employment, the award will be reduced accordingly.
Account will be taken of the use or non-use of internal appeals procedures that are available. Up to two weeks’ pay may be reduced for failure to follow the internal procedure.
Where there is a finding of discrimination on the grounds of sex, race, or disability, the Tribunal may make a declaration or recommendation requiring remedial action or an award of compensation. There is no statutory maximum on awards in such cases.
Costs may be awarded against a party who has acted frivolously, vexatiously, abusively, or disruptively or who has otherwise acted unreasonably in bringing or conducting a case.
If an employee suffers financial loss as a result of a breach of contract, then a claim for breach of contract may be made before an Industrial Tribunal. Generally, such claims must be made by the County Court or other civil courts. In this case, an employer may make a counterclaim.
The Labour Relations Agency has a duty to promote and improve industrial relations. The Agency provides advice on legislation and on industrial relations and employment matters. Its officers may assist in settling disputes.
Employees or trade unions may submit a complaint to an Industrial Tribunal. The NLRA conciliation officer will try to settle that case by agreement without the need for a Tribunal hearing. Either party may seek the assistance of the LRA.
The LRA has the power to provide an arbitration scheme for unfair dismissal disputes subject to the consent of the Department. The scheme may provide parties to unfair dismissal disputes with a voluntary alternative.
The Employment Act (Northern-Ireland) 2011
The 2011 legislation repealed the statutory dispute resolution procedures established in 2005. They required employers to have in place, as a minimum, a three-step procedure for dealing with employment rights disputes in the workplace. Failure to comply could result in financial penalties or objections by a Tribunal of the claim.
The statutory procedures in respect of discipline and dismissal are retained, with workplace grievances being addressed on the basis of the Labour Relations Agency’s code of practice.
The statutory regime for disciplinary and dismissal situations is left with a less legalistic framework for rating workplace grievances, involving voluntary compliance with the appropriate Labour Relations Agency’s code of practice substituted. The linking of the grievance and disciplinary process with the Industrial Tribunal and Fair Employment Tribunal, time limits is removed.
The Labour Relations Agency is given greater discretion and assistance in hearing disputes.
The general requirement for written notification of an issue, subsequent meetings, and appeal applies. A Tribunal was generally applied to increase or decrease an award due to failure to comply with the procedure. The statutory grievance procedures are removed from the employment legislation.
The restriction on preventing a grievance through the Industrial Tribunal or Fair Employment Tribunal, where the statutory grievances procedures have not been completed, is removed.
Former provisions whereby the normal time limit for applying to the Tribunal might be extended where statutory dispute resolution procedures were being completed.
The statutory workplace grievance procedures are replaced by a mechanism allowing the Tribunal discretion as to whether and to what extent it is appropriate to penalize a party for unreasonable failure to adhere to good practice. The good practices are set out in the Labour Relations Agency code of practice. Industrial Tribunals may be authorized to decide cases without a hearing. This is only permissible where the parties to the proceeding consent in writing or where the person against whom the claim was made has presented no response or does not contest. The provision is intended to support the resolution of simple disputes without hearings on the basis of documentation.
Industrial Tribunals may make a restricted reporting order where proceedings involve sexual misconduct. This also applies where the disclosure of information is likely to put an individual or property at risk or where the Tribunal considers it is in the interest of justice to do so.
Formerly, prior to 2011, awards of an Industrial Tribunal had to be enforced through the county courts. They are now directly enforceable.
The Industrial Tribunal legislation provides for conciliation at the request of either party. Industrial Tribunals have discretionary power to conciliate in a pre-Tribunal dispute without requiring the LRA officer to justify the reasons for his decision as to whether or not to offer conciliation. The purpose is to allow the Agency complete discretion as to how it will operate its pre-claim conciliation services.
Industrial Tribunal Rules provide for the postponement of hearings for a fixed period to allow conciliation and settlement. The LRA has discretion to offer conciliation services.
Sums payable under conciliated settlements, reached with the assistance of the LRA, may be treated as if they were payable under a County Court Order, except where the terms require the person to whom the sum is payable to do anything other than discontinue or not start Tribunal proceedings. Where the settlement requires some other action, a County Court order is required.
The Department of Employment and Learning is authorized by regulations to provide for the establishment of Industrial Tribunal. They exercise power and jurisdiction conferred on them by employment legislation.
An Industrial Tribunal generally comprises a chairman and two members, selected as set out below. Certain types of proceedings may be heard by the chairman alone, or stages in proceedings may be heard by the chairman alone.
An applicant may be represented by counsel or solicitor, a trade union representative, or any other person he desires to represent him.
The Department is empowered to publish regulations for the procedure before the Industrial Tribunals. They may include provisions for determining which Tribunal has jurisdiction to determine proceedings, requiring attendance, giving of evidence and production of documents, enabling orders for discovery and inspection, adjournment, review of decisions, appointment of assessors for the purpose of proceedings, authorizing the requirement of third parties to provide information.
Industrial Tribunal Procedure Regulations may include provisions for pre-hearing reviews and preliminary matters. They may authorize the carrying out by a Tribunal of a preliminary consideration of issues. They may require payment of a deposit up to £500.
Industrial Tribunal Procedure Regulations may include provisions for cost and expenses. Regulations may allow Industrial Tribunal to have regard to a person’s ability to pay when considering the making of an award. They may authorize an Industrial Tribunal to disallow costs and expenses of a party by reason of his conduct or to order a representative or his party to meet the cost incurred by the other party.
Regulations may make provision for authorizing the Tribunal to order a party to make a payment to the other party in respect of time spent in preparing that other party’s case. They may have regard to a person’s ability to pay. Interest may be payable on awards.
Where an application has been made to an Industrial Tribunal and the copy has been sent to the Agency, it is the duty of the Agency, if requested to do so by a person by or against whom proceedings are brought, or in the absence of a request, the Agency considers it could act with a reasonable prospect of success to endeavor to promote a settlement of the complaint without it being determined by an Industrial Tribunal. The Tribunal may adjourn proceedings in order to give an opportunity for settlement and mediation.
A party to proceedings before an Industrial Tribunal who is dissatisfied in point of law with the decision may appeal to the Court of Appeal or require the Tribunal to sign and state a case for the Court of Appeal.