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The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012

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PART IIITerms and abbreviations

8.  In the Scheme –

“claimant” means any person entitled to pursue a qualifying claim;

“EC law” means:

(a)

any provision in the domestic legislation of Northern Ireland giving effect to rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the European Community Treaties; and

(b)

any such rights, powers, liabilities, obligations and restrictions which are not given effect by any such provision;

“qualifying claim” means a claim by the claimant arising out of a contravention, or alleged contravention, of—

(c)

Part XI of the Employment Rights (Northern Ireland) Order 1996 (an unfair dismissal);

(d)

Article 112G(1) or 112H(1)(b) of that Order (flexible working)(1);

(e)

any of the statutory provisions listed in the Schedule to the Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012; or

(f)

Article 38 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

“respondent” means any person against whom a qualifying claim is pursued.

9.  With the exception of paragraph 18(a) (“Requirements for entry into the Scheme”) references to anything being written or in writing include its being recorded by any means so as to be usable for subsequent reference.

(1)

Articles 112G and 112H were inserted by Article 15 of S.I. 2002/2836 (N.I. 2))

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