The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006

V SCOPE OF THE SCHEME N.I.

Cases that are covered by the Scheme N.I.

14.  This Scheme only applies to disputes involving proceedings, or claims which could be the subject of proceedings, before an industrial tribunal arising out of a contravention, or alleged contravention, of Article 112G(1) or Article 112H(1)(b) of the 1996 Order.

15.  The Scheme does not extend to other kinds of claim which may be related to, or raised at the same time as, a Flexible Working Claim. For example, sex discrimination cases, and religious and political discrimination cases are not covered by the Scheme.

16.  If a Flexible Working Claim has been referred for resolution under the Scheme, any other claim, even if part of the same dispute, must be settled separately, or referred to an industrial tribunal, or withdrawn. In the event that different aspects of the same dispute are being heard in an industrial tribunal as well as under the Scheme, the arbitrator may decide, if appropriate or convenient, to postpone the arbitration proceedings pending a determination by an industrial tribunal.

Waiver of jurisdictional issues N.I.

17.  The Scheme is not designed for disputes that raise jurisdictional issues, for example:

• whether or not the claimant is an employee of the employer;

• whether or not the employee had the necessary period of continuous service to bring the claim;

• whether or not time limits have expired and/or should be extended.

18.  Accordingly, when agreeing to refer a dispute to arbitration under the Scheme, both parties will be taken to have accepted as a condition of the Scheme that no jurisdictional issue is in dispute between them. The arbitrator will not therefore deal with such issues during the arbitration process, even if they are raised by the parties, and the parties will be taken to have waived any rights in that regard.

Inappropriate cases N.I.

19.  The Scheme is not intended for disputes involving complex legal issues. Whilst such cases will be accepted for determination (subject to the Terms of Reference), parties are advised, where appropriate, to consider applying to an industrial tribunal or settling their dispute by other means.