Jurisdiction of industrial tribunalsN.I.
63.—(1) A complaint by any person ( “the complainant”) that another person ( “the respondent”)—
(a)has committed an act of discrimination[F1 or harassment] against the complainant which is unlawful by virtue of Part III, or
(b)is by virtue of Article 42 or 43 to be treated as having committed such an act of discrimination[F1 or harassment] against the complainant,[F2 or
(c)has contravened Article 40 or 41 in relation to an act which is unlawful by virtue of Part III,]
may be presented to an industrial tribunal.
(2) Paragraph (1) does not apply to a complaint under Article 16(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any statutory provision.
[F3(3) Where a complaint is presented to an industrial tribunal under paragraph (1) and it appears to the tribunal that the act to which the complaint relates is one in respect of which (as being unlawful discrimination within the meaning of the Fair Employment and Treatment (Northern Ireland) Order 1998)—
(a)a complaint could be made to the Fair Employment Tribunal for Northern Ireland under Part VI of that Order; or
(b)such a complaint has been made, but the proceedings under that Order have not been disposed of,
the tribunal shall not proceed further under this Order in relation to the complaint unless all proceedings which can be taken under the Fair Employment and Treatment (Northern Ireland) Order 1998 in respect of the act have been disposed of.]
F1SR 2005/426
F2Art. 63(1)(c) and preceding word inserted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 6