Explanatory Note
(This note is not part of the Order)
This Order sets out and brings into operation a flexible working Arbitration Scheme (“the Scheme”) 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.
The Schedule to the Order sets out details of the Scheme, providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before an industrial tribunal arising out of a contravention or alleged contravention of Articles 112G(1) or 112H(1)(b) of the Employment Rights (Northern Ireland) Order 1996 (flexible working). The Order provides for the Scheme to come into effect on 25th May 2006. The Scheme will provide from that date a voluntary alternative to an industrial tribunal for the resolution of claims arising out of an application for flexible working made under Article 112F(1) of the 1996 Order by arbitration where both parties agree.
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.