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