England, Wales and Scotland
| Paragraphs | ||
|---|---|---|
| I | INTRODUCTION | 1-5 |
| II | THE ROLE OF ACAS | 6 |
| Routing of communications | 7-8 | |
| III | TERMS AND ABBREVIATIONS | 9-15 |
| IV | APPLICATION OF THE SCHEME | 16 |
| V | ARBITRATORS' TERMS OF REFERENCE | 17 |
| VI | SCOPE OF THE SCHEME | 18-24 |
| Cases that are covered by the Scheme | 18-20 | |
| Waiver of jurisdictional issues | 21-23 | |
| Inappropriate cases | 24 | |
| VII | ACCESS TO THE SCHEME | 25 |
| Requirements for entry into the Scheme | 26-28 | |
| Notification to ACAS of an Arbitration Agreement | 29-32 | |
| Consolidation of proceedings | 33 | |
| VIII | SETTLEMENT AND WITHDRAWAL FROM THE SCHEME | 34 |
| Withdrawal by the Employee | 34 | |
| Withdrawal by the Employer | 35 | |
| Settlement | 36-40S | |
| IX | APPOINTMENT OF AN ARBITRATOR | 41 |
| The ACAS Arbitration Panel | 41 | |
| Appointment to a case | 42-43 | |
| Arbitrator’s duty of disclosure | 44-45 | |
| Removal of arbitrators: English/Welsh arbitrations | 46EW-53EW | |
| Removal of arbitrators: Scottish arbitrations | 54S-59S | |
| Death of an arbitrator | 60 | |
| Replacement of arbitrators | 61-62 | |
| X | GENERAL DUTY OF THE ARBITRATOR | 63-64 |
| XI | GENERAL DUTY OF THE PARTIES | 65 |
| XII | CONFIDENTIALITY AND PRIVACY | 66-67 |
| XIII | ARRANGEMENTS FOR THE HEARING | 68 |
| Initial arrangements | 68-71 | |
| Expedited hearings | 72 | |
| Venue | 73-74 | |
| Assistance | 75 | |
| Travelling expenses/loss of earnings | 76-77 | |
| Applications for postponements of, or different venues for, initial hearings | 78-80 | |
| XIV | NON-COMPLIANCE WITH PROCEDURE | 81 |
| XV | OUTLINE OF PROCEDURE BEFORE THE HEARING | 82 |
| Written materials | 83-88 | |
| Submissions, evidence and witnesses not previously notified | 89-90 | |
| Requests for documents | 91 | |
| Requests for attendance of witnesses | 92 | |
| Preliminary hearings and directions | 93-94 | |
| XVI | OUTLINE OF PROCEDURE AT THE HEARING | 95 |
| Arbitrator’s overall discretion | 95 | |
| Language | 96 | |
| Witnesses | 97 | |
| Examination by the arbitrator | 98 | |
| Explanation of available remedies | 99 | |
| Representatives | 100 | |
| Strict rules of evidence | 101 | |
| Interim relief | 102 | |
| Non-attendance at the hearing | 103-104 | |
| Post-hearing written materials | 105 | |
| XVII | QUESTIONS OF EC LAW, DEVOLUTION ISSUES AND THE HUMAN RIGHTS ACT 1998 | 106 |
| Appointment of legal adviser | 106-109 | |
| Court determination of preliminary points: English/Welsh arbitrations | 110EW | |
| Court determination of preliminary points: Scottish arbitrations | 111S-112S | |
| XVIII | AUTOMATIC UNFAIRNESS | 113 |
| XIX | AWARDS | 114 |
| Form of the award: English/Welsh arbitrations | 114EW-116EW | |
| Form of the award: Scottish arbitrations | 117S-119S | |
| Awards on different issues | 120-122 | |
| Remedies | 123-124 | |
| XX | AWARDS OF REINSTATEMENT OR RE-ENGAGEMENT | 125 |
| Definitions | 125-126 | |
| Choice of remedy | 127-129 | |
| Permanent replacements | 130 | |
| Reinstatement | 131-133 | |
| Re-engagement | 134-135 | |
| Continuity of employment | 136 | |
| XXI | AWARDS OF COMPENSATION | 137-138 |
| The basic amount | 139-146 | |
| Minimum basic amounts in certain cases | 147-148 | |
| Basic amount of two weeks' pay in certain cases | 149-150 | |
| Reductions to the basic amount | 151-155 | |
| The compensatory amount | 156-159 | |
| Reductions to the compensatory amount | 160-161 | |
| Internal appeal procedures | 162-165 | |
| Limits on the compensatory amount | 166-167 | |
| Double recovery | 168 | |
| XXII | ISSUE OF AWARDS AND CONFIDENTIALITY | 169-170 |
| XXIII | CORRECTION OF AWARDS | 171 |
| Scrutiny of awards by ACAS | 171 | |
| Correction by the arbitrator | 172-179 | |
| XXIV | EFFECT OF AWARDS, ENFORCEMENT AND INTEREST | 180 |
| Effect of awards | 180-182S | |
| Enforcement | 183EW-185 | |
| Interest | 186 | |
| XXV | CHALLENGING THE AWARD | 187EW |
| Challenges on grounds of substantive jurisdiction: English/Welsh arbitrations | 187EW | |
| Challenges on grounds of substantive jurisdiction: Scottish arbitrations | 188S-193S | |
| Challenges for serious irregularity: English/Welsh arbitrations | 194EW | |
| Challenges for serious irregularity: Scottish arbitrations | 195S-199S | |
| Appeals on questions of EC law, devolution issues and the Human Rights Act 1998: English/Welsh arbitrations | 200EW | |
| Appeals on questions of EC law, devolution issues and the Human Rights Act 1998: Scottish Arbitrations | 201S-204S | |
| Time limits and other procedural restrictions on challenges to awards: English/Welsh arbitrations | 205EW | |
| Time limits and procedural restrictions on challenges to awards: Scottish arbitrations | 206S-208S | |
| Common law challenges and saving | 209EW-210S | |
| Exclusion of stated case procedure | 211S | |
| Challenge or appeal: effect of order of the court | 212EW-213S | |
| XXVI | LOSS OF RIGHT TO OBJECT | 214 |
| XXVII | IMMUNITY | 215-216 |
| XXVIII | MISCELLANEOUS PROVISIONS | 217EW |
| Requirements in connection with legal proceedings | 217EW | |
| Service of documents and notices on ACAS or the ACAS Arbitration Section | 218-219 | |
| Service of documents or notices on any other person or entity | 220-222 | |
| Powers of court in relation to service of documents | 223EW | |
| Reckoning periods of time | 224EW-225S | |
| XXIX | GOVERNING LAW | 226EW-227S |
| APPENDIX A: WAIVER OF RIGHTS: English/Welsh Arbitrations | ||
| APPENDIX B: WAIVER OF RIGHTS: Scottish Arbitrations | ||