The ACAS Arbitration Scheme (England and Wales) Order 2001
S.I. 2001/1185 · Made 23 March 2001
TERMS AND CONDITIONS OF EMPLOYMENT, ENGLAND AND WALES
Made 23rd March 2001
Laid before Parliament 27th March 2001
Coming into force 21st May 2001
Whereas—
Under section 212A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992f1 (“the 1992 Act”) the Advisory, Conciliation and Arbitration Service (“ACAS”) may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before an employment tribunal arising out of a contravention or alleged contravention of Part X of the Employment Rights Act 1996f2 (unfair dismissal);
in pursuance of section 212A(1) of the 1992 Act, ACAS has prepared an arbitration scheme for unfair dismissal cases;
in pursuance of section 212A(2) of the 1992 Act, ACAS has submitted a draft of the scheme to the Secretary of State and the Secretary of State approves the scheme;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 212A(2), (6), (8) and (9) of the 1992 Act, hereby makes the following Order:—
Annotations to the whole text
Footnotes
- f1
-
1992 c. 52; Section 212A was inserted by section 7 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
- f2
Contents
- 1Citation, commencement, interpretation and extent
- 2Commencement of the Scheme
- 3Application of Part I of the Arbitration Act 1996
- 4Application of Part I of the Arbitration Act 1996
- 5Enforcement of re-employment orders
- 6Awards of compensation
- Signature
- Schedule: ACAS ARBITRATION SCHEME
- CONTENTS
- Part I.: INTRODUCTION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II.: THE ROLE OF ACAS
- 5Paragraph 5
- 6Routing of communications
- 7Routing of communications
- Part III.: TERMS AND ABBREVIATIONS
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part IV.: ARBITRATOR'S TERMS OF REFERENCE
- 12Paragraph 12
- Part V.: SCOPE OF THE SCHEME
- 13Cases that are covered by the Scheme
- 14Cases that are covered by the Scheme
- 15Cases that are covered by the Scheme
- 16Waiver of jurisdictional issues
- 17Waiver of jurisdictional issues
- 18Waiver of jurisdictional issues
- 19Inappropriate cases
- Part VI.: ACCESS TO THE SCHEME
- 20Paragraph 20
- 21Requirements for entry into the Scheme
- 22Requirements for entry into the Scheme
- 23Requirements for entry into the Scheme
- 24Notification to ACAS of an Arbitration Agreement
- 25Notification to ACAS of an Arbitration Agreement
- 26Notification to ACAS of an Arbitration Agreement
- 27Notification to ACAS of an Arbitration Agreement
- 28Consolidation of proceedings
- Part VII.: SETTLEMENT AND WITHDRAWAL FROM THE SCHEME
- 29Withdrawal by the Employee
- 30Withdrawal by the Employer
- 31Settlement
- 32Settlement
- 33Settlement
- 34Settlement
- Part VIII.: APPOINTMENT OF AN ARBITRATOR
- 35The ACAS Arbitration Panel
- 36Appointment to a case
- 37Appointment to a case
- 38Arbitrator’s duty of disclosure
- 39Arbitrator’s duty of disclosure
- 40Removal of arbitrators
- 41Removal of arbitrators
- 42Removal of arbitrators
- 43Removal of arbitrators
- 45Death of an arbitrator
- 46Replacement of arbitrators
- 47Replacement of arbitrators
- Part IX.: GENERAL DUTY OF THE ARBITRATOR
- 48Paragraph 48
- 49Paragraph 49
- Part X.: GENERAL DUTY OF THE PARTIES
- 50Paragraph 50
- Part XI.: CONFIDENTIALITY AND PRIVACY
- 51Paragraph 51
- 52Paragraph 52
- Part XII.: ARRANGEMENTS FOR THE HEARING
- 53Initial arrangements
- 54Initial arrangements
- 55Initial arrangements
- 56Initial arrangements
- 57Expedited hearings
- 58Venue
- 59Venue
- 60Assistance
- 61Travelling expenses / loss of earnings
- 62Travelling expenses / loss of earnings
- 63Applications for postponements of, or different venues for, initial hearings
- 64Applications for postponements of, or different venues for, initial hearings
- 65Applications for postponements of, or different venues for, initial hearings
- Part XIII.: NON-COMPLIANCE WITH PROCEDURE
- 66Paragraph 66
- Part XIV.: OUTLINE OF PROCEDURE BEFORE THE HEARING
- 67Paragraph 67
- 68Written materials
- 69Written materials
- 70Written materials
- 71Written materials
- 72Written materials
- 73Written materials
- 74Submissions, evidence and witnesses not previously notified
- 75Submissions, evidence and witnesses not previously notified
- 76Requests for documents
- 77Requests for attendance of witnesses
- 78Preliminary hearings and directions
- 79Preliminary hearings and directions
- Part XV.: OUTLINE OF PROCEDURE AT THE HEARING
- 80Arbitrator’s overall discretion
- 81Language
- 82Witnesses
- 83Examination by the arbitrator
- 84Representatives
- 85Strict rules of evidence
- 86Interim relief
- 87Non-attendance at the hearing
- 88Non-attendance at the hearing
- 89Post-hearing written materials
- Part XVI.: QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998
- 90Appointment of legal adviser
- 91Appointment of legal adviser
- 92Appointment of legal adviser
- 93Appointment of legal adviser
- 94Court determination of preliminary points
- Part XVII.: AUTOMATIC UNFAIRNESS
- 95Paragraph 95
- Part XVIII.: AWARDS
- 96Form of the award
- 97Form of the award
- 98Awards on different issues
- 99Awards on different issues
- 100Awards on different issues
- 101Remedies
- 102Remedies
- 103Remedies
- Part XIX.: AWARDS OF REINSTATEMENT OR RE-ENGAGEMENT
- 104Definitions
- 105Definitions
- 106Choice of remedy
- 107Choice of remedy
- 108Choice of remedy
- 109Permanent replacements
- 110Reinstatement
- 111Reinstatement
- 112Reinstatement
- 113Re-engagement
- 114Re-engagement
- 115Continuity of employment
- Part XX.: AWARDS OF COMPENSATION
- 116Paragraph 116
- 117Paragraph 117
- 118The basic amount
- 119The basic amount
- 120The basic amount
- 121The basic amount
- 122The basic amount
- 123The basic amount
- 124The basic amount
- 125The basic amount
- 126Minimum basic amounts in certain cases
- Health and safety cases
- Working time cases
- Trustees of occupational pension schemes
- Employee representatives
- Union membership or activities
- Other categories
- 127Paragraph 127
- 128Basic amount of two weeks' pay in certain cases
- 129Basic amount of two weeks' pay in certain cases
- 130Reductions to the basic amount
- 131Reductions to the basic amount
- 132Reductions to the basic amount
- 133Reductions to the basic amount
- 134Reductions to the basic amount
- 135The compensatory amount
- 136The compensatory amount
- 137The compensatory amount
- 138The compensatory amount
- 139Reductions to the compensatory amount
- 140Reductions to the compensatory amount
- 141Internal appeal procedures
- 142Internal appeal procedures
- 143Internal appeal procedures
- 144Internal appeal procedures
- 145Limits on the compensatory amount
- 146Limits on the compensatory amount
- 147Double recovery
- Part XXI.: ISSUE OF AWARDS AND CONFIDENTIALITY
- 148Paragraph 148
- 149Paragraph 149
- Part XXII.: CORRECTION OF AWARDS
- 150Scrutiny of awards by ACAS
- 151Correction by the arbitrator
- 152Correction by the arbitrator
- 153Correction by the arbitrator
- 154Correction by the arbitrator
- 155Correction by the arbitrator
- 156Correction by the arbitrator
- Part XXIII.: EFFECT OF AWARDS, ENFORCEMENT AND INTEREST
- 157Effect of awards
- 158Effect of awards
- 159Enforcement
- 160Enforcement
- 161Interest
- Part XXIV.: CHALLENGING THE AWARD
- 162Challenges on grounds of substantive jurisdiction
- 163Challenges for serious irregularity
- 164Appeals on questions of EC law and the Human Rights Act 1998
- 165Time limits and other procedural restrictions on challenges to awards
- 166Common law challenges and saving
- 167Challenge or appeal: effect of order of the court
- Part XXV.: LOSS OF RIGHT TO OBJECT
- 168Paragraph 168
- Part XXVI.: IMMUNITY
- 169Paragraph 169
- 170Paragraph 170
- Part XXVII.: MISCELLANEOUS PROVISIONS
- 171Requirements in connection with legal proceedings
- 172Service of documents and notices on ACAS or the ACAS Arbitration Section
- 173Service of documents and notices on ACAS or the ACAS Arbitration Section
- 174Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)
- 175Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)
- 176Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)
- 177Powers of court in relation to service of documents
- 178Reckoning periods of time
- Part XXVIII: TERRITORIAL OPERATION OF THE SCHEME
- 179Paragraph 179
- AAppendix A
- Explanatory note