The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003
S.I. 2003/694 · Made 13 March 2003
TERMS AND CONDITIONS OF EMPLOYMENT, ENGLAND AND WALES
Made 13th March 2003
Laid before Parliament 13th March 2003
Coming into force 6th April 2003
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 section 80G(1) or section 80H(1)(b) of the Employment Rights Act 1996f2 (flexible working);
in pursuance of section 212A(1) of the 1992 Act, ACAS has prepared an arbitration scheme for flexible working 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) and (6) 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) and amended by paragraph 22 of Schedule 7 to the Employment Act 2002 (c. 22).
- f2
-
1996 c. 18. Sections 80G and 80H were inserted by section 47 of the Employment Act 2002.
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
- Signature
- Schedule ACAS Arbitration Scheme
- Schedule I.: INTRODUCTION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule II.: THE ROLE OF ACAS
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule III.: TERMS AND ABBREVIATIONS
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule IV.: ARBITRATOR'S TERMS OF REFERENCE
- 13Paragraph 13
- Schedule V.: SCOPE OF THE SCHEME
- 14Cases that are covered by the Scheme
- 15Cases that are covered by the Scheme
- 16Cases that are covered by the Scheme
- 17Waiver of jurisdictional issues
- 18Waiver of jurisdictional issues
- 19Inappropriate cases
- Schedule VI.: ACCESS TO THE SCHEME
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 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
- Schedule VII.: SETTLEMENT AND WITHDRAWAL FROM THE SCHEME
- 29Withdrawal by the Employee
- 30Withdrawal by the Employer
- 31Settlement
- 32Settlement
- 33Settlement
- 34Settlement
- Schedule 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
- 44Removal of arbitrators
- 45Death of an arbitrator
- 46Replacement of arbitrators
- 47Replacement of arbitrators
- Schedule IX.: GENERAL DUTY OF THE ARBITRATOR
- 48Paragraph 48
- 49Paragraph 49
- Schedule X.: GENERAL DUTY OF THE PARTIES
- 50Paragraph 50
- Schedule XI.: CONFIDENTIALITY AND PRIVACY
- 51Paragraph 51
- 52Paragraph 52
- Schedule 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
- Schedule XIII.: NON-COMPLIANCE WITH PROCEDURE
- 66Paragraph 66
- Schedule XIV.: OUTLINE OF PROCEDURE BEFORE THE HEARING
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 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
- Schedule XV.: OUTLINE OF PROCEDURE AT THE HEARING
- 80Arbitrator’s overall discretion
- 81Language
- 82Witnesses
- 83Examination by the arbitrator
- 84Representatives
- 85Strict rules of evidence
- 86Non-attendance at the hearing
- 87Non-attendance at the hearing
- 88Post-hearing written materials
- Schedule XVI.: QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998
- 89Appointment of legal adviser
- 90Appointment of legal adviser
- 91Appointment of legal adviser
- 92Appointment of legal adviser
- 93Court determination of preliminary points
- Schedule XVII.: AWARDS
- 94Form of the award
- 95Form of the award
- 96Remedies
- Schedule XVIII.: AWARDS OF COMPENSATION
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- Schedule IXX.: ISSUE OF AWARDS AND CONFIDENTIALITY
- 100Paragraph 100
- 101Paragraph 101
- Schedule XX.: CORRECTION OF AWARDS
- 102Scrutiny of awards by ACAS
- 103Correction by the arbitrator
- 104Correction by the arbitrator
- 105Correction by the arbitrator
- 106Correction by the arbitrator
- 107Correction by the arbitrator
- 108Correction by the arbitrator
- Schedule XXI.: EFFECT OF AWARDS, ENFORCEMENT AND INTEREST
- 109Effect of awards
- 110Effect of awards
- 111Enforcement
- 112Interest
- Schedule XXII.: CHALLENGING THE AWARD
- 113Challenges on grounds of substantive jurisdiction
- 114Challenges for serious irregularity
- 115Appeals on questions of EC law and the Human Rights Act 1998
- 116Time limits and other procedural restrictions on challenges to awards
- 117Common law challenges and saving
- 118Challenge or appeal: effect of order of the court
- Schedule XXIII.: LOSS OF RIGHT TO OBJECT
- 119Paragraph 119
- Schedule XXIV.: IMMUNITY
- 120Paragraph 120
- 121Paragraph 121
- Schedule XXV.: MISCELLANEOUS PROVISIONS
- 122Requirements in connection with legal proceedings
- 123Service of documents and notices on ACAS or the ACAS Arbitration Section
- 124Service of documents and notices on ACAS or the ACAS Arbitration Section
- 125Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)
- 126Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)
- 127Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)
- 128Powers of court in relation to service of documents
- 129Reckoning periods of time
- Schedule XXVI.TERRITORIAL OPERATION OF THE SCHEME
- 130Paragraph 130
- Explanatory note