The ACAS Arbitration Scheme (England and Wales) Order 2001

XVIII. AWARDS

Form of the award

96.  The award shall be in writing, signed by the arbitrator.

97.  The award (unless it is an agreed award) shall:

(i) identify the reason (or, if more than one, the principal reason) for the dismissal (or, in a redundancy case, the reason for which the employee was selected for dismissal);

(ii) contain the main considerations which were taken into account in reaching the decision that the dismissal was fair or unfair;

(iii) state the decision(s) of the arbitrator;

(iv) state the remedy awarded, together with an explanation;

(v) state the date when it was made.

Awards on different issues

98.  The arbitrator may make more than one award at different times on different aspects of the matters to be determined.

99.  The arbitrator may, in particular, make an award relating:

(i) to an issue affecting the whole claim, or

(ii) to a part only of the claim submitted to him or her for decision.

100.  If the arbitrator does so, he or she shall specify in his or her award the issue, or the claim or part of a claim, which is the subject matter of the award.

Remedies

101.  In every case, the arbitrator shall:

(i) explain to the Employee what orders for reinstatement or re-engagement may be made in an award and under what circumstances these may be granted; and

(ii) ask the Employee whether he or she wishes the arbitrator to make such an award.

102.  In the event that the arbitrator finds that the dismissal was unfair:

(i) if the Employee expresses such a wish, the arbitrator may make, in an award, an order for reinstatement or re-engagement (in accordance with the provisions below); or

(ii) if no such order for reinstatement or re-engagement is made, the arbitrator shall make an award of compensation (calculated in accordance with the provisions below) to be paid by the Employer to the Employee.

103.  In cases where the arbitrator finds that the dismissal was unfair by reason of the operation of EC law, the arbitrator shall apply the relevant provisions of English law with respect to remedies for unfair dismissal, in so far as these may differ from sections XIX and XX of the Scheme.