The ACAS Arbitration Scheme (England and Wales) Order 2001

CONTENTS

		Paragraphs
I.	INTRODUCTION	1-4
II.	THE ROLE OF ACAS	5
	Routing of communications	6-7
III.	TERMS AND ABBREVIATIONS	8-11
IV.	ARBITRATORS' TERMS OF REFERENCE	12
V.	SCOPE OF THE SCHEME	13
	Cases that are covered by the Scheme	13-15
	Waiver of jurisdictional issues	16-18
	Inappropriate cases	19
VI.	ACCESS TO THE SCHEME	20
	Requirements for entry into the Scheme	21-23
	Notification to ACAS of an Arbitration Agreement	24-27
	Consolidation of proceedings	28
VII.	SETTLEMENT AND WITHDRAWAL FROM THE SCHEME	29
	Withdrawal by the Employee	29
	Withdrawal by the Employer	30
	Settlement	31-34
VIII.	APPOINTMENT OF AN ARBITRATOR	35
	The ACAS Arbitration Panel	35
	Appointment to a case	36-37
	Arbitrator’s duty of disclosure	38-39
	Removal of arbitrators	40-44
	Death of an arbitrator	45
	Replacement of arbitrators	46-47
IX.	GENERAL DUTY OF THE ARBITRATOR	48-49
X.	GENERAL DUTY OF THE PARTIES	50
XI.	CONFIDENTIALITY AND PRIVACY	51-52
XII.	ARRANGEMENTS FOR THE HEARING	53
	Initial arrangements	53-56
	Expedited hearings	57
	Venue	58-59
	Assistance	60
	Travelling expenses/loss of earnings	61-62
	Applications for postponements of, or different venues for, initial hearings	63-65
XIII.	NON-COMPLIANCE WITH PROCEDURE	66
XIV.	OUTLINE OF PROCEDURE BEFORE THE HEARING	67
	Written materials	68-73
	Submissions, evidence and witnesses not previously notified	74-75
	Requests for documents	76
	Requests for attendance of witnesses	77
	Preliminary hearings and directions	78-79
XV.	OUTLINE OF PROCEDURE AT THE HEARING	80
	Arbitrator’s overall discretion	80
	Language	81
	Witnesses	82
	Examination by the arbitrator	83
	Representatives	84
	Strict rules of evidence	85
	Interim relief	86
	Non-attendance at the hearing	87-88
	Post-hearing written materials	89
XVI.	QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998	90
	Appointment of legal adviser	90-93
	Court determination of preliminary points	94
XVII.	AUTOMATIC UNFAIRNESS	95
XVIII.	AWARDS	96
	Form of the award	96-97
	Awards on different issues	98-100
	Remedies	101-103
XIX.	AWARDS OF REINSTATEMENT OR RE-ENGAGEMENT	104
	Definitions	104-105
	Choice of remedy	106-108
	Permanent replacements	109
	Reinstatement	110-112
	Re-engagement	113-114
	Continuity of employment	115
XX.	AWARDS OF COMPENSATION	116-117
	The basic amount	118-125
	Minimum basic amounts in certain cases	126-127
	Basic amount of two weeks' pay in certain cases	128-129
	Reductions to the basic amount	130-134
	The compensatory amount	135-138
	Reductions to the compensatory amount	139-140
	Internal appeal procedures	141-144
	Limits on the compensatory amount	145-146
	Double recovery	147
XXI.	ISSUE OF AWARDS AND CONFIDENTIALITY	148-149
XXII.	CORRECTION OF AWARDS	150
	Scrutiny of awards by ACAS	150
	Correction by the arbitrator	151-156
XXIII.	EFFECT OF AWARDS, ENFORCEMENT AND INTEREST	157
	Effect of awards	157-158
	Enforcement	159-160
	Interest	161
XXIV.	CHALLENGING THE AWARD	162
	Challenges on grounds of substantive jurisdiction	162
	Challenges for serious irregularity	163
	Appeals on questions of EC law and the Human Rights Act 1998	164
	Time limits and other procedural restrictions on challenges to awards	165
	Common law challenges and saving	166
	Challenge or appeal: effect of order of the court	167
XXV.	LOSS OF RIGHT TO OBJECT	168
XXVI.	IMMUNITY	169-170
XXVII.	MISCELLANEOUS PROVISIONS	171
	Requirements in connection with legal proceedings	171
	Service of documents and notices on ACAS or the ACAS Arbitration Section	172-173
	Service of documents or notices on any other person or entity	174-176
	Powers of court in relation to service of documents	177
	Reckoning periods of time	178
XXVIII.	TERRITORIAL OPERATION OF THE SCHEME	179
	APPENDIX A: WAIVER OF RIGHTS