SCHEDULE
Articles 2 and 3
ACAS ARBITRATION SCHEME
CONTENTS
Paragraphs |
||
I. |
INTRODUCTION |
1-4 |
II. |
THE ROLE OF ACAS |
5 |
Routing of communications |
6-7 |
|
III. |
TERMS AND ABBREVIATIONS |
8-11 |
IV. |
ARBITRATORS' TERMS OF REFERENCE |
12 |
V. |
SCOPE OF THE SCHEME |
13 |
Cases that are covered by the Scheme |
13-15 |
|
Waiver of jurisdictional issues |
16-18 |
|
Inappropriate cases |
19 |
|
VI. |
ACCESS TO THE SCHEME |
20 |
Requirements for entry into the Scheme |
21-23 |
|
Notification to ACAS of an Arbitration Agreement |
24-27 |
|
Consolidation of proceedings |
28 |
|
VII. |
SETTLEMENT AND WITHDRAWAL FROM THE SCHEME |
29 |
Withdrawal by the Employee |
29 |
|
Withdrawal by the Employer |
30 |
|
Settlement |
31-34 |
|
VIII. |
APPOINTMENT OF AN ARBITRATOR |
35 |
The ACAS Arbitration Panel |
35 |
|
Appointment to a case |
36-37 |
|
Arbitrator's duty of disclosure |
38-39 |
|
Removal of arbitrators |
40-44 |
|
Death of an arbitrator |
45 |
|
Replacement of arbitrators |
46-47 |
|
IX. |
GENERAL DUTY OF THE ARBITRATOR |
48-49 |
X. |
GENERAL DUTY OF THE PARTIES |
50 |
XI. |
CONFIDENTIALITY AND PRIVACY |
51-52 |
XII. |
ARRANGEMENTS FOR THE HEARING |
53 |
Initial arrangements |
53-56 |
|
Expedited hearings |
57 |
|
Venue |
58-59 |
|
Assistance |
60 |
|
Travelling expenses/loss of earnings |
61-62 |
|
Applications for postponements of, or different venues for, initial hearings |
63-65 |
|
XIII. |
NON-COMPLIANCE WITH PROCEDURE |
66 |
XIV. |
OUTLINE OF PROCEDURE BEFORE THE HEARING |
67 |
Written materials |
68-73 |
|
Submissions, evidence and witnesses not previously notified |
74-75 |
|
Requests for documents |
76 |
|
Requests for attendance of witnesses |
77 |
|
Preliminary hearings and directions |
78-79 |
|
XV. |
OUTLINE OF PROCEDURE AT THE HEARING |
80 |
Arbitrator's overall discretion |
80 |
|
Language |
81 |
|
Witnesses |
82 |
|
Examination by the arbitrator |
83 |
|
Representatives |
84 |
|
Strict rules of evidence |
85 |
|
Interim relief |
86 |
|
Non-attendance at the hearing |
87-88 |
|
Post-hearing written materials |
89 |
|
XVI. |
QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998 |
90 |
Appointment of legal adviser |
90-93 |
|
Court determination of preliminary points |
94 |
|
XVII. |
AUTOMATIC UNFAIRNESS |
95 |
XVIII. |
AWARDS |
96 |
Form of the award |
96-97 |
|
Awards on different issues |
98-100 |
|
Remedies |
101-103 |
|
XIX. |
AWARDS OF REINSTATEMENT OR RE-ENGAGEMENT |
104 |
Definitions |
104-105 |
|
Choice of remedy |
106-108 |
|
Permanent replacements |
109 |
|
Reinstatement |
110-112 |
|
Re-engagement |
113-114 |
|
Continuity of employment |
115 |
|
XX. |
AWARDS OF COMPENSATION |
116-117 |
The basic amount |
118-125 |
|
Minimum basic amounts in certain cases |
126-127 |
|
Basic amount of two weeks' pay in certain cases |
128-129 |
|
Reductions to the basic amount |
130-134 |
|
The compensatory amount |
135-138 |
|
Reductions to the compensatory amount |
139-140 |
|
Internal appeal procedures |
141-144 |
|
Limits on the compensatory amount |
145-146 |
|
Double recovery |
147 |
|
XXI. |
ISSUE OF AWARDS AND CONFIDENTIALITY |
148-149 |
XXII. |
CORRECTION OF AWARDS |
150 |
Scrutiny of awards by ACAS |
150 |
|
Correction by the arbitrator |
151-156 |
|
XXIII. |
EFFECT OF AWARDS, ENFORCEMENT AND INTEREST |
157 |
Effect of awards |
157-158 |
|
Enforcement |
159-160 |
|
Interest |
161 |
|
XXIV. |
CHALLENGING THE AWARD |
162 |
Challenges on grounds of substantive jurisdiction |
162 |
|
Challenges for serious irregularity |
163 |
|
Appeals on questions of EC law and the Human Rights Act 1998 |
164 |
|
Time limits and other procedural restrictions on challenges to awards |
165 |
|
Common law challenges and saving |
166 |
|
Challenge or appeal: effect of order of the court |
167 |
|
XXV. |
LOSS OF RIGHT TO OBJECT |
168 |
XXVI. |
IMMUNITY |
169-170 |
XXVII. |
MISCELLANEOUS PROVISIONS |
171 |
Requirements in connection with legal proceedings |
171 |
|
Service of documents and notices on ACAS or the ACAS Arbitration Section |
172-173 |
|
Service of documents or notices on any other person or entity |
174-176 |
|
Powers of court in relation to service of documents |
177 |
|
Reckoning periods of time |
178 |
|
XXVIII. |
TERRITORIAL OPERATION OF THE SCHEME |
179 |
APPENDIX A: WAIVER OF RIGHTS |
I.INTRODUCTION
1. The ACAS Arbitration Scheme ("the Scheme") is implemented pursuant to section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992 ("the 1992 Act").
2. The Scheme provides a voluntary alternative to the employment tribunal for the resolution of unfair dismissal disputes, in the form of arbitration.
3. Resolution of disputes under the Scheme is intended to be confidential, informal, relatively fast and cost efficient. Procedures under the Scheme are non-legalistic, and far more flexible than the traditional model of the employment tribunal and the courts. For example (as explained in more detail below), the Scheme avoids the use of formal pleadings and formal witness and documentary procedures. Strict rules of evidence will not apply, and, as far as possible, instead of applying strict law or legal precedent, general...