ABSTRACT
CONTENTS Paragraphs
I INTRODUCTION 1-4
II THE ROLE OF ACAS 5
Routing of communications 6-7
III TERMS AND ABBREVIATIONS 8-11
IV ARBITRATOR’S 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
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
XVIII AWARDS 96
Form of the award 96-97
Awards on different issues 98-100
Remedies 101-03
XIX AWARDS OF REINSTATEMENT OR RE-ENGAGEMENT 104
Definitions 104-05
Choice of remedy 106-08
Permanent replacements 109
Reinstatement 110-12
Re-engagement 113-14
Continuity of employment 115
XX AWARDS OF COMPENSATION 116-17
The basic amount 118-25
Minimum basic amounts in certain cases 126-27
Basic amount of two weeks’ pay in certain cases 128-29
Reductions to the basic amount 130-34
The compensatory amount 135-38
Reductions to the compensatory amount 139-40
Internal appeal procedures 141-44
Limits on the compensatory amount 145-46
Double recovery 147
XXI ISSUE OF AWARDS AND CONFIDENTIALITY 148-49
XXII CORRECTION OF AWARDS 150
Scrutiny of awards by Acas 150
Correction by the arbitrator 151-56
XXIII EFFECT OF AWARDS, ENFORCEMENT AND INTEREST 157
Effect of awards 157-58
Enforcement 159-60
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 169-70
XXVII MISCELLANEOUS PROVISIONS 171
Requirements in connection with legal proceedings 171
Service of documents and notices on Acas or the Acas Arbitration Section 172-73
Service of documents or notices on any other person or entity (other than Acas or the Acas Arbitration Section) 174-76
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
I INTRODUCTION
1 The Acas Arbitration Scheme (‘the Scheme’) is implemented pursuant to section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘the 1992 Act’).
