The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003

III. TERMS AND ABBREVIATIONS

8.  The term “Employee” is used to denote the claimant, including any person entitled to pursue a claim arising out of a contravention, or alleged contravention, of section 80G(1) or 80H(1)(b) of the 1996 Act (flexible working)(1).

9.  The term “Employer” is used to denote the respondent.

10.  The term “EC law” means:

(i) any enactment in the domestic legislation of England and Wales giving effect to rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and

(ii) any such rights, powers, liabilities, obligations and restrictions which are not given effect by any such enactment.

11.  The term “Flexible Working Claim” means a claim by the Employee that his Employer has failed to deal with an application made under section 80F of the 1996 Act in accordance with section 80G(1) of that Act or that a decision by his Employer to reject the application was based on incorrect facts.

12.  With the exception of paragraph 21(i) below (“Requirements for entry into the Scheme”), references to anything being written or in writing include its being recorded by any means so as to be usable for subsequent reference.

(1)

1996 c. 18. Section 80G and section 80H were inserted by section 47 of the Employment Act 2002 (c. 22).