Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Order.)

This Order sets out a 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 subject of proceedings, before an industrial tribunal arising out of a contravention of or alleged contravention of Part XI of the Employment Rights (Northern Ireland) Order 1996 (unfair dismissal). The Order provides for the Scheme to come into effect on 28th April 2002. The Scheme will provide from that date a voluntary alternative to an industrial tribunal for the resolution of unfair dismissal disputes by arbitration where both parties agree.

The Order also provides—

(a) for certain provisions of the Arbitration Act 1996, as modified by the Order, to apply to arbitration conducted in accordance with the Scheme;

(b) for industrial tribunals to enforce re-employment orders made in such arbitration; and

(c) for the award of a basic amount in such an arbitration to be treated as a basic award of compensation for unfair dismissal for the purposes of debts which the Department for Employment and Learning must satisfy if the employer has become insolvent.