Paragraph 26 Requirements for entry into the Scheme

Any agreement to submit a dispute to arbitration under the Scheme must satisfy the following requirements (an “Arbitration Agreement”):

(i)

the agreement of each party (which may be expressed in the same or in separate documents) must be in writing;

(ii)

the agreement must concern an existing dispute;

(iii)

the agreement must not seek to alter or vary any provision of the Scheme;

(iv)

the agreement must have been reached either:

(a)

where a conciliation officer has taken action under section 18 of the Employment Tribunals Act 1996^f1 or

(b)

through a compromise agreement, where the conditions regulating such agreements under the 1996 Act are satisfied;

(v)

the agreement must be accompanied by a completed Waiver Form for each party. Parties applying for English/Welsh arbitrations should complete Appendix A; parties applying for Scottish arbitrations should complete Appendix B.

Annotations

Footnotes

f1: 1996 c. 17 Section 18 was amended by paragraph 23 of Schedule 7 to the Employment Act 2002.