# The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012, Note: Explanatory note


(This note is not part of the Order)
This Order sets out and brings into operation an arbitration scheme intended for the resolution of a wide range of employment rights disputes. The Scheme was submitted to the Department for Employment and Learning by the Labour Relations Agency pursuant to Article 84A of the Industrial Relations (Northern Ireland) Order 1992 and Article 89 of the Fair Employment and Treatment (Northern Ireland) Order 1998.
The Schedule to the Order sets out the detail of the Scheme, providing for arbitration in the case of proceedings, or claims which could be the subject of proceedings, before an industrial tribunal arising out of a contravention or alleged contravention of
Part XI of the Employment Rights (Northern Ireland) Order 1996 (unfair dismissal);
Articles 112G(1) or 112H(1)(b) of that Order (flexible working);
any of the statutory provisions specified under Article 84A(1)(b) of the Industrial Relations (Northern Ireland) Order 1992.
The Scheme additionally provides for arbitration in the case of proceedings, or claims which could be the subject of proceedings, before the Fair Employment Tribunal under Article 38 of the Fair Employment and Treatment (Northern Ireland) Order 1998.
The Order provides for the Scheme to come into effect on 27th September 2012. The Scheme will provide from that date a voluntary alternative to an industrial tribunal or the Fair Employment Tribunal for the resolution of disputes to which it is applicable.
The Order also provides for certain provisions of the Arbitration Act 1996, as modified by the Order, to apply to arbitrations conducted in accordance with the Scheme.
Finally, the Order provides for the revocation of the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 and the Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006 and the discontinuation of the associated schemes. However, these Orders and the associated Schemes will continue in effect in respect of any agreement to utilise those Schemes concluded before 27th September 2012.
The Department has not prepared a specific impact assessment in respect of this Order. The impact of revised arbitration arrangements has already been assessed in connection with the Department’s review of systems for resolving disputes arising in the workplace. For more information, visit www.delni.gov.uk or contact the Department.

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Source: https://www.legislation.gov.uk/nisr/2012/301/note (the official version)
Page: https://openlegislation.uk/labour-relations-agency-arbitration-scheme-order-northern-ireland-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.