Northern Ireland civil procedure
When must a Northern Ireland employment-detriment complaint be presented?
Three months beginning with the statutory event, subject to Article 249B. Present the complaint to the Industrial Tribunal. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide.
- Period
- Three months beginning with the statutory event, subject to Article 249B
- Trigger
- The actual act or failure, or the last qualifying similar act in a series
- Rule
- Employment Rights (Northern Ireland) Order 1996, Article 71(3)
Current official revised XML accessed October 9, 2026, with retained amendment comparison. The June 2021 and February 2021 court PDFs are historical consolidation aids.
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When must a Northern Ireland employment-detriment complaint be presented?
Three months beginning with the statutory event, subject to Article 249B. Present the complaint to the Industrial Tribunal. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide.
Responsible actor. The employee bringing the specified detriment complaint.
The actual act or failure, or the last qualifying similar act in a series.
Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide.
Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide. The result must identify statutory tribunal claim limit for the employee bringing the specified detriment complaint. Confirm every actual event and completion before selecting the ordinary branch.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)How does this provision count time?
- Establish the actual act or failure, or the last qualifying similar act in a series.
- Present the complaint to the Industrial Tribunal.
- Three months beginning with the statutory event, subject to Article 249B. This is the applicable statutory calendar-month complaint period beginning with the identified event. The ordinary interval ends on the day before the corresponding date. Establish the actual early-conciliation branch separately.
- Present the complaint to the Industrial Tribunal. Section 39 carries a statutory final Sunday or public holiday when applicable. Saturday alone is not its carry rule. An electronic portal or future court-office calendar does not establish lawful completion without the actual procedure.
Three months beginning with the statutory event, subject to Article 249B. This is the applicable statutory calendar-month complaint period beginning with the identified event. The ordinary interval ends on the day before the corresponding date. Establish the actual early-conciliation branch separately.
Present the complaint to the Industrial Tribunal. Section 39 carries a statutory final Sunday or public holiday when applicable. Saturday alone is not its carry rule. An electronic portal or future court-office calendar does not establish lawful completion without the actual procedure.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)What do independently checked examples show?
Fictitious example
Fictitious established event on Monday, July 13, 2026. Three months beginning with the statutory event, subject to Article 249B. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established event on Monday, July 13, 2026. Three months beginning with the statutory event, subject to Article 249B. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide. Three months beginning with the statutory event, subject to Article 249B. This is the applicable statutory calendar-month complaint period beginning with the identified event. The ordinary interval ends on the day before the corresponding date. Establish the actual early-conciliation branch separately. The independent ordinary endpoint is Monday, October 12, 2026 for statutory-tribunal-claim-limit, not a different filing, service or entitlement date. | Monday, October 12, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary event on Saturday, January 31, 2026. The source-specific completion is present the complaint to the Industrial Tribunal. Present the complaint to the Industrial Tribunal. Section 39 carries a statutory final Sunday or public holiday when applicable. Saturday alone is not its carry rule. An electronic portal or future court-office calendar does not establish lawful completion without the actual procedure. | The Three months beginning with the statutory event, subject to Article 249B branch cannot use a thirty-day month substitute or an unestablished corresponding-day, paired event, longstop or statutory closure interpretation. Preserve the actual act or failure, or the last qualifying similar act in a series and establish the actual branch. |
| Example 3. Material procedural branch | The actual act or failure, or the last qualifying similar act in a series is not established. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide. The selected period cannot replace that missing source fact. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide. | The actual act or failure, or the last qualifying similar act in a series is not established. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide. The selected period cannot replace that missing source fact. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable event and branch
- Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide.
- Counting and boundary
- Three months beginning with the statutory event, subject to Article 249B. This is the applicable statutory calendar-month complaint period beginning with the identified event. The ordinary interval ends on the day before the corresponding date. Establish the actual early-conciliation branch separately.
- Required completion
- Present the complaint to the Industrial Tribunal. Section 39 carries a statutory final Sunday or public holiday when applicable. Saturday alone is not its carry rule. An electronic portal or future court-office calendar does not establish lawful completion without the actual procedure.
- Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide. The result must identify statutory tribunal claim limit for the employee bringing the specified detriment complaint. Confirm every actual event and completion before selecting the ordinary branch.
- This procedure concerns the employee bringing the specified detriment complaint. Its controlling event is the actual act or failure, or the last qualifying similar act in a series. Continuing acts and deliberate omissions have defined timing rules. A decision not to act needs its actual facts. A reasonably-practicable extension is for the tribunal to decide.
What must the responsible actor complete?
Questions about this procedure
When must a Northern Ireland employment-detriment complaint be presented?
Does a continuing act use its first day?
The source's continuing-act and series provisions require the defined final event, not an assumed first day.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)When is a deliberate failure to act treated as occurring?
Apply the statutory decision or omission facts. An unanswered request alone does not establish every required date.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)Does conciliation automatically add one month?
No. Article 249B contains an excluded interval and conditional floor, requiring the actual relevant facts.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)Can the tribunal allow a late complaint?
The stated reasonably-practicable branch is discretionary. Establish the decision rather than invent a fixed extra period.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)Does a complaint about the detriment itself set a new act date?
No. Establish the underlying statutory act, omission or qualifying continuing conduct.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)Does every adverse employment event fit Article 71?
No. Establish the actual protected detriment right and applicable source, including any relevant commencement or amendment.
Employment Rights (Northern Ireland) Order 1996, Article 71(3)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Employment Rights (Northern Ireland) Order 1996, Article 71(3) | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act (Northern Ireland) 1954, section 39 | Check the identified procedure, event, counting rule or qualification |
| Express application of the Interpretation Act (Northern Ireland) 1954, Article 2(1) | Check the identified procedure, event, counting rule or qualification |
| Early Conciliation Regulations (Northern Ireland) 2020, regulation 3(1)(c) | Check the identified procedure, event, counting rule or qualification |