The ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004

1. Introductory Text

2. 1. Citation, commencement, interpretation and extent

3. 2. Commencement of the Scheme

4. 3. Revocation

5. 4. Application of Part I of the Arbitration Act 1996

6. 5. (1) Section 46(1)(b) of the Arbitration Act 1996 shall apply...

7. 6. Transitional provision

8. Signature

9. 1. SCHEDULE

      ACAS (FLEXIBLE WORKING) ARBITRATION SCHEME

      1. CONTENTS

      2. PART I INTRODUCTION

         1. 1. The ACAS (Flexible Working) Arbitration Scheme (“the Scheme”) is implemented...

         2. 2. The Scheme provides a voluntary alternative, in the form of...

         3. 3. Resolution of disputes under the Scheme is intended to be...

         4. 4. The Scheme also caters for requirements imposed as a matter...

         5. 5. The Scheme accommodates certain differences between the law of Scotland...

      3. PART II THE ROLE OF ACAS

         1. 6. As more fully explained below, cases enter the Scheme by...

         2. 7. Routing of communications

         3. 8. Paragraph 169 below sets out the manner in which any...

      4. PART III TERMS AND ABBREVIATIONS

         1. 9. The term “Employee” is used to denote the claimant, including...

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

         3. 11. The term “devolution issue” means a devolution issue as defined...

         4. 12. The term “EC law” means: (i) any enactment in the...

         5. 13. The term “English/Welsh arbitration” means an arbitration under this Scheme...

         6. 14. The term “Flexible Working Claim” means a claim by the...

         7. 15. The term “Scottish arbitration” means an arbitration under this Scheme...

         8. 16. With the exception of paragraphs 26 (“Requirements for entry into...

      5. PART IV APPLICATION OF THE SCHEME

         1. 17. Paragraphs 46EW, 47EW, 48EW, 49EW, 50EW, 51EW, 52EW, 53EW, 108EW,...

      6. PART V ARBITRATOR'S TERMS OF REFERENCE

         1. 18. Every agreement to refer a dispute to arbitration under this...

      7. PART VI SCOPE OF THE SCHEME

         1. 19. Cases that are covered by the Scheme

         2. 20. The Scheme does not extend to other kinds of claim...

         3. 21. If a Flexible Working Claim has been referred for resolution...

         4. 22. Waiver of jurisdictional issues

         5. 23. Accordingly, when agreeing to refer a dispute to arbitration under...

         6. 24. Inappropriate cases

      8. PART VII ACCESS TO THE SCHEME

         1. 25. The Scheme is an entirely voluntary system of dispute resolution:...

         2. 26. Requirements for entry into the Scheme

         3. 27. Where an agreement fails to satisfy any one of these...

         4. 28. Where: (i) a dispute concerning a Flexible Working Claim as...

         5. 29. Notification to ACAS of an Arbitration Agreement

         6. 30. For the purposes of the previous paragraph, an Arbitration Agreement...

         7. 31. Where an Arbitration Agreement is not notified to ACAS within...

         8. 32. Any such hearing and award will be governed by the...

         9. 33. Consolidation of proceedings

      9. PART VIII SETTLEMENT AND WITHDRAWAL FROM THE SCHEME

         1. 34. Withdrawal by the Employee

         2. 35. Withdrawal by the Employer

         3. 36. Settlement

         4. 37. If such an agreement is reached: (i) upon the joint...

         5. 38. An agreed award shall state that it is an award...

         6. 39. If the agreement settling the dispute includes an agreement that...

         7. 40. Subject to paragraph 39, in rendering an agreed award, the...

      10. PART IX APPOINTMENT OF AN ARBITRATOR

          1. 41. The ACAS Arbitration Panel

          2. 42. Appointment to a case

          3. 43. Once ACAS has been notified of a valid Arbitration Agreement,...

          4. 44. Arbitrator’s duty of disclosure

          5. 45. Once appointed, and until the arbitration is concluded, every arbitrator...

          6. 46EW. Removal of arbitrators: English/Welsh arbitrations

          7. 47EW. Applications under the Scheme to remove an arbitrator on any...

          8. 48EW. At the same time as an application is made to...

          9. 49EW. ACAS shall, following receipt of an application under paragraph 47EW,...

          10. 50EW. ACAS may, after such procedures as ACAS in its sole...

          11. 51EW. If ACAS refuses an application made under paragraph 47EW, a...

          12. 52EW. Sections 24(1)(a) and (c), 24(2), 24(3), 24(5) and 24(6) of...

          13. 53EW. The arbitrator may continue the proceedings and make an award...

          14. 54S. Removal of arbitrators: Scottish arbitrations

          15. 55S. An application under the Scheme to remove an arbitrator shall...

          16. 56S. ACAS shall, following receipt of an application under paragraph 55S,...

          17. 57S. ACAS may, after such procedure as ACAS in its sole...

          18. 58S. A decision of ACAS made under paragraph 57S shall be...

          19. 59S. The arbitrator may continue the proceedings and make an award...

          20. 60. Death of an arbitrator

          21. 61. Replacement of arbitrators

          22. 62. Once appointed, the replacement arbitrator shall determine whether and, if...

      11. PART X GENERAL DUTY OF THE ARBITRATOR

          1. 63. The arbitrator shall— (i) act fairly and impartially as between...

          2. 64. The arbitrator shall comply with the general duty (see paragraph...

      12. PART XI GENERAL DUTY OF THE PARTIES

          1. 65. The parties shall do all things necessary for the proper...

      13. PART XII CONFIDENTIALITY AND PRIVACY

          1. 66. Arbitrations, and all associated procedures under the Scheme, are strictly...

          2. 67. Hearings may only be attended by the arbitrator, the parties,...

      14. PART XIII ARRANGEMENTS FOR THE HEARING

          1. 68. Initial arrangements

          2. 69. Once an arbitrator has been appointed by ACAS, a hearing...

          3. 70. The arbitrator shall decide the date and venue for the...

          4. 71. The ACAS Arbitration Section shall contact all parties with details...

          5. 72. Expedited hearings

          6. 73. Venue

          7. 74. Where premises have to be hired for a hearing, ACAS...

          8. 75. Assistance

          9. 76. Travelling expenses / loss of earnings

          10. 77. No loss of earnings are payable by ACAS to anyone...

          11. 78. Applications for postponements of, or different venues for, initial hearings

          12. 79. If the application is rejected, the initial hearing will be...

          13. 80. This provision does not affect the arbitrator’s general discretion (set...

      15. PART XIV NON-COMPLIANCE WITH PROCEDURE

          1. 81. If a party fails to comply with any aspect of...

      16. PART XV OUTLINE OF PROCEDURE BEFORE THE HEARING

          1. 82. Once a hearing has been fixed, the following procedure shall...

          2. 83. Written materials

          3. 84. Written statements of case should briefly set out the main...

          4. 85. Supporting documentation or other material may include (without limitation) copies...

          5. 86. The parties must also supply details of any relevant awards...

          6. 87. Legible copies of documents must be supplied to ACAS even...

          7. 88. No information on the conciliation process, if any, shall be...

          8. 89. Submissions, evidence and witnesses not previously notified

          9. 90. All representatives and witnesses who have been listed as accompanying...

          10. 91. Requests for documents

          11. 92. Requests for attendance of witnesses

          12. 93. Preliminary hearings and directions

          13. 94. In the course of a preliminary hearing or in correspondence,...

      17. PART XVI OUTLINE OF PROCEDURE AT THE HEARING

          1. 95. Arbitrator’s overall discretion

          2. 96. Language

          3. 97. Witnesses

          4. 98. Examination by the arbitrator

          5. 99. Representatives

          6. 100. Strict rules of evidence

          7. 101. Non-attendance at the hearing

          8. 102. In the case of the non-attendance of the Employee, if...

          9. 103. Post-hearing written materials

      18. PART XVII QUESTIONS OF EC LAW, THE HUMAN RIGHTS ACT 1998 AND DEVOLUTION ISSUES

          1. 104. Appointment of legal adviser

          2. 105. The legal adviser will be appointed by ACAS, to report...

          3. 106. The arbitrator shall allow the legal adviser to attend the...

          4. 107. The parties shall be given a reasonable opportunity to comment...

          5. 108EW. Court determination of preliminary points: English/Welsh arbitrations

          6. 109S. Court determination of preliminary points: Scottish arbitrations

          7. 110S. The arbitrator shall not make a reference under paragraph 109S...

      19. PART XVIII AWARDS

          1. 111EW. Form of the award: English/Welsh arbitrations

          2. 112EW. The award in an English/Welsh arbitration (unless it is an...

          3. 113EW. If the award contains an order for payment of money...

          4. 114S. Form of the award: Scottish arbitrations

          5. 115S. If the award contains an order for the payment of...

          6. 116S. The arbitrator shall issue with his award (unless it is...

          7. 117. Remedies

      20. PART XIX AWARDS OF COMPENSATION

          1. 118. Subject to paragraph 119 below, when an arbitrator makes an...

          2. 119. When an arbitrator makes an award of compensation in respect...

          3. 120. In calculating the amount of a week’s pay of an...

      21. PART XX ISSUE OF AWARDS AND CONFIDENTIALITY

          1. 121. The arbitrator’s award shall be sent by ACAS to both...

          2. 122. Subject to any steps which may be reasonably necessary for...

      22. PART XXI CORRECTION OF AWARDS

          1. 123. Scrutiny of awards by ACAS

          2. 124. Correction by the arbitrator

          3. 125. In so far as any such correction or additional award...

          4. 126. Any application by a party for the exercise of this...

          5. 127. Any correction of the award shall be made within 28...

          6. 128. Any additional award shall be made within 56 days of...

          7. 129EW. Any additional award in an English/Welsh arbitration shall so far...

          8. 130S. Any additional award in a Scottish arbitration shall so far...

          9. 131. Any correction of the award shall form part of the...

      23. PART XXII EFFECT OF AWARDS, ENFORCEMENT AND INTEREST

          1. 132. Effect of awards

          2. 133. This does not affect the right of a person to...

          3. 134. This does not affect the right of a person to...

          4. 135EW. Enforcement

          5. 136S. In a Scottish arbitration any award (including any additional award,...

          6. 137. Interest

      24. PART XXIII CHALLENGING THE AWARD

          1. 138EW. Challenges on grounds of substantive jurisdiction: English/Welsh arbitrations

          2. 139S. Challenges on grounds of substantive jurisdiction: Scottish arbitrations

          3. 140S. A party may lose the right to appeal under paragraph...

          4. 141S. Appeals under paragraph 139S are subject to the provisions of...

          5. 142S. For the purposes of paragraph 139S, “substantive jurisdiction” means any...

          6. 143S. The arbitrator may continue the arbitral proceedings and make a...

          7. 144S. On the appeal under paragraph 139S the Court may (without...

          8. 145EW. Challenges for serious irregularity: English/Welsh arbitrations

          9. 146S. Challenges for serious irregularity: Scottish arbitrations

          10. 147S. A party may lose the right to appeal under paragraph...

          11. 148S. Appeals under paragraph 146S are subject to the provisions of...

          12. 149S. For the purpose of paragraphs 146S “serious irregularity” means an...

          13. 150S. If there is shown to be serious irregularity affecting the...

          14. 151EW. Appeals on questions of EC law, the Human Rights Act 1998 and devolution issues: English/Welsh arbitrations

          15. 152S. Appeals on questions of EC law, the Human Rights Act 1998 and devolution issues: Scottish arbitrations

          16. 153S. An appeal shall not be brought under paragraph 152S except—...

          17. 154S. Leave to appeal shall be given only if the Court...

          18. 155S. On an appeal under paragraph 152S the Court may (without...

          19. 156EW. Time limits and other procedural restrictions on challenges to awards: English/Welsh arbitrations

          20. 157S. Time limits and other procedural restrictions on challenges to awards: Scottish Arbitrations

          21. 158S. An appeal under paragraphs 139S, 146S or (where parties have...

          22. 159S. If on an appeal under paragraph 139S, 146S or 152S...

          23. 160EW. Common law challenges and saving

          24. 161S. Nothing in this Part of the Scheme shall be construed...

          25. 162S. Exclusion of stated case procedure

          26. 163EW. Challenge or appeal: effect of order of the court

          27. 164S. The following provisions have effect where the Court makes an...

      25. PART XXIV LOSS OF RIGHT TO OBJECT

          1. 165. If a party to arbitral proceedings under this Scheme takes...

      26. PART XXV IMMUNITY

          1. 166. An arbitrator under this Scheme is not liable for anything...

          2. 167. ACAS, by reason of having appointed an arbitrator or nominated...

      27. PART XXVI MISCELLANEOUS PROVISIONS

          1. 168EW. Requirements in connection with legal proceedings

          2. 169. Service of documents and notices on ACAS or the ACAS Arbitration Section

          3. 170. Paragraph 169 does not apply to the service of documents...

          4. 171. Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section)

          5. 172. If such a notice or other document is addressed, pre-paid...

          6. 173. Paragraphs 171 and 172 (above) do not apply to the...

          7. 174EW. Powers of court in relation to service of documents: English/Welsh arbitrations

          8. 175EW. Reckoning periods of time

          9. 176S. Except as otherwise specified in the Scheme, periods of time...

      28. PART XXVII GOVERNING LAW, ETC

          1. 177EW. The seat of an English/Welsh arbitration shall be in England...

          2. 178S. The seat of a Scottish arbitration shall be Scotland. The...

      29. APPENDIX A

          WAIVER OF RIGHTS: English/Welsh Arbitrations

      30. APPENDIX B

          WAIVER OF RIGHTS: Scottish Arbitrations

10. Explanatory Note