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Legislation
Fair Employment (Northern Ireland) Act 1989 (repealed 1.3.1999)

Crossheading Appeals and legal proceedings in relation to undertakings and directions

  • Section 15 Appeal to Tribunal against directions under section 12 or 13.
  • Section 16 Order of Tribunal to enforce undertaking or directions.
  • Section 17 Failure to comply with order of Tribunal.
  • Section 18 Appeal to Court of Appeal from certain decisions of Tribunal.
  1. Appeals and legal proceedings in relation to undertakings and directions
  2. Appeal to Tribunal against directions under section 12 or 13.

Section 15 | Appeal to Tribunal against directions under section 12 or 13.

From legislation.gov.uk

(1)Where, under section 12(3) or 13(3)(a) of this Act, the Commission serves on a person a notice containing directions (not being directions substituted for others in accordance with an application made by him under section 14(3) of this Act), he may within 21 days from the date of service appeal to the Tribunal against the directions.

(2)The appeal may be brought on any of the following grounds—

(a)that in all the circumstances it is unreasonable to expect the appellant to comply with the directions,

(b)that in all the circumstances the directions are not appropriate for promoting equality of opportunity, or

(c)that the appellant is already affording equality of opportunity and taking any appropriate action to promote equality of opportunity and the directions are, therefore, unnecessary.

(3)On hearing the appeal the Tribunal may—

(a)dismiss the appeal, or

(b)quash the directions or any of them, or

(c)substitute for the directions or any of them such other directions (of a kind that the Commission could have given) as the Tribunal considers reasonable and appropriate in all the circumstances.

(4)Directions substituted under subsection (3)(c) above are binding on the appellant and are enforceable only in accordance with section 16 of this Act.

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