Paragraph 18 Requirements for entry into the Scheme

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

(a)

must be in writing;

(b)

must concern an existing dispute;

(c)

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

(d)

must have been reached either:

(i)

where the LRA has taken action under Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996^f1 or Article 88 of the Fair Employment and Treatment (Northern Ireland) Order 1998^f2 (a “Conciliated Settlement”); or

(ii)

through a compromise agreement, where the conditions regulating such agreements under the Employment Rights (Northern Ireland) Order 1996 are satisfied (a “Compromise Agreement”); and

(e)

must include a waiver of rights to bring the dispute before an industrial tribunal or the Fair Employment Tribunal as specified at Appendix A;

(f)

must be completed by or on behalf of each party;

(g)

must include all other information specified at Appendix A.

Annotations

Footnotes

f1: S.I. 1996/1921 (N.I. 18)
f2: S.I. 1998/3162 (N.I. 21)