The ACAS Arbitration Scheme (England and Wales) Order 2001

1. Introductory Text

2. 1. Citation, commencement, interpretation and extent

3. 2. Commencement of the Scheme

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

5. 4. (1) Section 46(1)(b) of the Arbitration Act 1996 shall apply...

6. 5. Enforcement of re-employment orders

7. 6. Awards of compensation

8. Signature

9. 1. SCHEDULE

      ACAS ARBITRATION SCHEME

      1. CONTENTS

      2. I. INTRODUCTION

         1. 1. The ACAS Arbitration Scheme (“the Scheme”) is implemented pursuant to...

         2. 2. The Scheme provides a voluntary alternative to the employment tribunal...

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

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

      3. II. THE ROLE OF ACAS

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

         2. 6. Routing of communications

         3. 7. Paragraph 172 below sets out the manner in which any...

      4. III. TERMS AND ABBREVIATIONS

         1. 8. The term “Employee” is used to denote the claimant (i.e....

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

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

         4. 11. With the exception of paragraph 21 (i) below (“Requirements for...

      5. IV. ARBITRATOR'S TERMS OF REFERENCE

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

      6. V. SCOPE OF THE SCHEME

         1. 13. Cases that are covered by the Scheme

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

         3. 15. If a claim of unfair dismissal has been referred for...

         4. 16. Waiver of jurisdictional issues

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

         6. 18. In particular, in agreeing to arbitration under the Scheme, the...

         7. 19. Inappropriate cases

      7. VI. ACCESS TO THE SCHEME

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

         2. 21. Requirements for entry into the Scheme

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

         4. 23. Where: (i) a dispute concerning unfair dismissal claims as well...

         5. 24. Notification to ACAS of an Arbitration Agreement

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

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

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

         9. 28. Consolidation of proceedings

      8. VII. SETTLEMENT AND WITHDRAWAL FROM THE SCHEME

         1. 29. Withdrawal by the Employee

         2. 30. Withdrawal by the Employer

         3. 31. Settlement

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

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

         6. 34. In rendering an agreed award, the arbitrator:

      9. VIII. APPOINTMENT OF AN ARBITRATOR

         1. 35. The ACAS Arbitration Panel

         2. 36. Appointment to a case

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

         4. 38. Arbitrator’s duty of disclosure

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

         6. 40. Removal of arbitrators

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

         8. 42. If ACAS refuses such an application, a party may thereafter...

         9. 43. (1) Sections 24(1)(a) and (c), 24(2), 24(3), 24(5) and 24(6)...

         10. 45. Death of an arbitrator

         11. 46. Replacement of arbitrators

         12. 47. Once appointed, the replacement arbitrator shall determine whether and, if...

      10. IX. GENERAL DUTY OF THE ARBITRATOR

          1. 48. The arbitrator shall: (i) act fairly and impartially as between...

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

      11. X. GENERAL DUTY OF THE PARTIES

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

      12. XI. CONFIDENTIALITY AND PRIVACY

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

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

      13. XII. ARRANGEMENTS FOR THE HEARING

          1. 53. Initial arrangements

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

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

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

          5. 57. Expedited hearings

          6. 58. Venue

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

          8. 60. Assistance

          9. 61. Travelling expenses / loss of earnings

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

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

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

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

      14. XIII. NON-COMPLIANCE WITH PROCEDURE

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

      15. XIV. OUTLINE OF PROCEDURE BEFORE THE HEARING

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

          2. 68. Written materials

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

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

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

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

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

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

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

          10. 76. Requests for documents

          11. 77. Requests for attendance of witnesses

          12. 78. Preliminary hearings and directions

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

      16. XV. OUTLINE OF PROCEDURE AT THE HEARING

          1. 80. Arbitrator’s overall discretion

          2. 81. Language

          3. 82. Witnesses

          4. 83. Examination by the arbitrator

          5. 84. Representatives

          6. 85. Strict rules of evidence

          7. 86. Interim relief

          8. 87. Non-attendance at the hearing

          9. 88. In the case of the non-attendance of the Employee, if...

          10. 89. Post-hearing written materials

      17. XVI. QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998

          1. 90. Appointment of legal adviser

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

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

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

          5. 94. Court determination of preliminary points

      18. XVII. AUTOMATIC UNFAIRNESS

          1. 95. In deciding whether the dismissal was fair or unfair, subject...

      19. XVIII. AWARDS

          1. 96. Form of the award

          2. 97. The award (unless it is an agreed award) shall:

          3. 98. Awards on different issues

          4. 99. The arbitrator may, in particular, make an award relating:

          5. 100. If the arbitrator does so, he or she shall specify...

          6. 101. Remedies

          7. 102. In the event that the arbitrator finds that the dismissal...

          8. 103. In cases where the arbitrator finds that the dismissal was...

      20. XIX. AWARDS OF REINSTATEMENT OR RE-ENGAGEMENT

          1. 104. Definitions

          2. 105. An order for re-engagement (which must be in the form...

          3. 106. Choice of remedy

          4. 107. If the arbitrator decides not to make an order for...

          5. 108. If ordering re-engagement, the arbitrator shall do so on terms...

          6. 109. Permanent replacements

          7. 110. Reinstatement

          8. 111. If the Employee would have benefited from an improvement in...

          9. 112. In calculating for the purposes of paragraph 110 (i) above...

          10. 113. Re-engagement

          11. 114. In calculating, for the purposes of paragraph 113 (iv) above,...

          12. 115. Continuity of employment

      21. XX. AWARDS OF COMPENSATION

          1. 116. When an arbitrator makes an award of compensation, instead of...

          2. 117. Where paragraph 142 below applies, an award of compensation shall...

          3. 118. The basic amount

          4. 119. As to the “effective date of termination”:

          5. 120. In determining “continuous employment”, the arbitrator shall have regard to...

          6. 121. The “appropriate amount” means: (i) one and a half weeks'...

          7. 122. In calculating the amount of a week’s pay of an...

          8. 123. Where twenty years of employment have been reckoned under paragraph...

          9. 124. Where the effective date of termination is after the sixty-fourth...

          10. 125. The “appropriate fraction” means the fraction of which:

          11. 126. Minimum basic amounts in certain cases

          12. Health and safety cases

          13. Working time cases

          14. Trustees of occupational pension schemes

          15. Employee representatives

          16. Union membership or activities

          17. Other categories

              1. 127. Before any reductions are taken into account under paragraphs 130-134...

              2. 128. Basic amount of two weeks' pay in certain cases

              3. 129. For the purposes of this Scheme: (i) for the definition...

              4. 130. Reductions to the basic amount

              5. 131. Where the arbitrator considers that any conduct of the Employee...

              6. 132. The preceding paragraph does not apply in a redundancy case...

              7. 133. Where the Employee has been awarded any amount in respect...

              8. 134. The basic amount shall be reduced or further reduced by...

              9. 135. The compensatory amount

              10. 136. The loss referred to in paragraph 135 above shall be...

              11. 137. In ascertaining the loss referred to in paragraph 135 above,...

              12. 138. In determining, for the purposes of paragraph 135 above, how...

              13. 139. Reductions to the compensatory amount

              14. 140. If : (i) any payment was made by the Employer...

              15. 141. Internal appeal procedures

              16. 142. Where an award of compensation is to be made, and...

              17. 143. In determining the amount of a reduction under paragraph 141...

              18. 144. The amount of such a reduction or supplementary amount shall...

              19. 145. Limits on the compensatory amount

              20. 146. The limit referred to above applies to the amount which...

              21. 147. Double recovery

      22. XXI. ISSUE OF AWARDS AND CONFIDENTIALITY

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

          2. 149. The award shall be confidential, and shall only be issued...

      23. XXII. CORRECTION OF AWARDS

          1. 150. Scrutiny of awards by ACAS

          2. 151. Correction by the arbitrator

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

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

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

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

          7. 156. Any correction of the award shall form part of the...

      24. XXIII. EFFECT OF AWARDS, ENFORCEMENT AND INTEREST

          1. 157. Effect of awards

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

          3. 159. Enforcement

          4. 160. Awards of reinstatement or re-engagement will be enforced by the...

          5. 161. Interest

      25. XXIV. CHALLENGING THE AWARD

          1. 162. Challenges on grounds of substantive jurisdiction

          2. 163. Challenges for serious irregularity

          3. 164. Appeals on questions of EC law and the Human Rights Act 1998

          4. 165. Time limits and other procedural restrictions on challenges to awards

          5. 166. Common law challenges and saving

          6. 167. Challenge or appeal: effect of order of the court

      26. XXV. LOSS OF RIGHT TO OBJECT

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

      27. XXVI. IMMUNITY

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

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

      28. XXVII. MISCELLANEOUS PROVISIONS

          1. 171. Requirements in connection with legal proceedings

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

          3. 173. Paragraph 172 (above) does not apply to the service of...

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

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

          6. 176. Paragraphs 174 and 175 (above) do not apply to the...

          7. 177. Powers of court in relation to service of documents

          8. 178. Reckoning periods of time

      29. XXVIII TERRITORIAL OPERATION OF THE SCHEME

          1. 179. The Scheme applies to disputes involving an Employer who resides...

      30. APPENDIX A

10. Explanatory Note