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

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VII.SETTLEMENT AND WITHDRAWAL FROM THE SCHEME

Withdrawal by the Employee

29.  At any stage of the arbitration process, once an Arbitration Agreement has been concluded and the reference has been accepted by ACAS, the party bringing the Flexible Working Claim may withdraw from the Scheme, provided that any such withdrawal is in writing. Such a withdrawal shall constitute a dismissal of the claim.

Withdrawal by the Employer

30.  Once an Arbitration Agreement has been concluded and the reference has been accepted by ACAS, the party against whom a claim is brought cannot unilaterally withdraw from the Scheme.

Settlement

31.  Parties are free to reach an agreement settling the dispute at any stage.

32.  If such an agreement is reached:

(i)upon the joint written request of the parties to the arbitrator or the ACAS Arbitration Section, the arbitrator (if appointed) or the ACAS Arbitration Section (if no arbitrator has been appointed) shall terminate the arbitration proceedings;

(ii)if so requested by the parties, the arbitrator (if appointed) may record the settlement in the form of an agreed award (on a covering proforma).

33.  An agreed award shall state that it is an award of the arbitrator by consent and shall have the same status and effect as any other award on the merits of the case.

34.  In rendering an agreed award, the arbitrator:

(i)may only record the parties' agreed wording;

(ii)may not approve, vary, transcribe, interpret or ratify a settlement in any way;

(iii)may not record any settlement beyond the scope of the Scheme, the Arbitration Agreement or the reference to the Scheme as initially accepted by ACAS.

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