ABSTRACT

The arbitration scheme was obviously devised for conventional cases of unfair dismissal, such as conduct, redundancy and capability, whether on the basis of competence or sickness. These are the categories described by Acas in the Guide as ‘straightforward cases’. In theory, all unfair dismissal cases can go to arbitration, but there are some cases which are inappropriate for the informal procedure envisaged by the scheme:

(1) Paragraph 19 states that: The scheme is not intended for disputes involving complex legal issues.’ Acas devotes eight paragraphs of its Guide to the subject of inappropriate cases, and in particular, at para 11, singles out cases that raise questions of EC law.