ABSTRACT
CONTENTS Paragraphs
A summary of the key features of the Scheme
A guide to the Acas Arbitration Scheme 1
Introduction 1-6
What types of cases does the Scheme cover? 7
Inappropriate cases 8-16
When to consider using the Scheme 17
Legal aid 18
Entry into the Scheme 19
Arbitration Agreement 19-23
Waiver 24
Terms of reference 25-27
Existing dispute 28
Checklist for a valid Arbitration Agreement 29
Notification to Acas of an agreement to go to arbitration under the Scheme 31-34
Invalid Arbitration Agreements 35
Time limit for notification of Arbitration Agreements 36
Withdrawal or settlement of cases before or during arbitration hearings 37
Withdrawal 37
Settlement 38-40
The Scheme in outline 41
Arrangements for the hearing 41
Appointment of an arbitrator 41-43
Removal of an arbitrator 44
Death and replacement of an arbitrator 45
General duty of the arbitrator 46
General duty of the parties 47-48
Consolidation of cases/combined proceedings 49
Agreeing the hearing date and venue 50-52
Applications for postponements of, or different venues for initial, and other, hearings 55
Non-attendance at the hearing 58
Assistance at the hearing 59
Use of the Welsh language 60
Travelling expenses/loss of earnings 61
Outline of procedure before the hearing 62-66
Requests for documents 67-69
Calling others to speak at the hearing 70-71
Requests for attendance of witnesses 72
Preliminary hearings and directions 73
Conduct of the hearing 74-84
Appointment of legal advisers for points of EC law and the Human Rights Act 1998 85-87
Court determination of preliminary points 88
How the arbitrator reaches a decision 89
Remedies available under the Scheme 90
Automatic unfairness 90
Reinstatement/re-engagement 91-95
Permanent replacement 96
Continuity of employment 97
Awards of compensation 98-99
The basic amount 100
Minimum basic amounts 101-02
Basic amount of two weeks’ pay in certain circumstances
(Sections 138 and 141 Employment Rights Act 1996) 103
Limits on the basic amount 104
Reductions to the basic amount 105
Compensatory amount 106
Reductions to the compensatory amount 107
Limits on the compensatory amount 108
Internal appeals procedures 109
Double recovery 110
Insolvency of employer 111
The form of the arbitrator’s award (decision) 112-13
Confidentiality of awards 116
Effect of awards 117
Enforcing awards 118-19
Interest 120
Appeals 121
Challenging the arbitrator’s award 122
Challenges on grounds of substantive jurisdiction 123-24
Challenges on grounds of serious irregularity 125-27
Appeals on questions of EC law and the Human Rights Act 1998 128-29
Immunity 130-31
Service of documents and notices on the Acas Arbitration Section 132
Territorial operation of the Scheme 133
Further information 134
Address of Acas Reader
Appendices
Appendix 1Employment tribunals and Acas arbitration: a comparison
Appendix 2 Suggested wording for inclusion in an Arbitration Agreement
Appendix 3 Standard arbitration hearing procedure
Appendix 4 Matters an arbitrator considers when calculating basic amounts
A SUMMARY OF THE KEY FEATURES OF THE SCHEME
Arbitration is a method for resolving a dispute in which an arbitrator’s decision is binding as a matter of law and has the same effect as a court judgment.
