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

I INTRODUCTION N.I.

1.  The Labour Relations Agency (Flexible Working) Arbitration Scheme (“the Scheme”) is implemented pursuant to Article 84A of the Industrial Relations (Northern Ireland) Order 1992(1)(“the 1992 Order”). N.I.

2.  The Scheme provides a voluntary alternative, in the form of arbitration, to the industrial tribunal for the resolution of disputes arising out of an employee’s application for a change in his/her terms and conditions of employment made under Article 112F of the Employment Rights (Northern Ireland) Order 1996(2)(“the 1996 Order”). N.I.

3.  Resolution of disputes under the Scheme is intended to be confidential, informal, relatively fast and cost efficient. Procedures under the Scheme are non-legalistic, and far more flexible than an industrial tribunal or the courts. For example (as explained in more detail below), the Scheme avoids the use of formal pleadings, formal witness and documentary procedures; strict rules of evidence do not apply. Arbitral decisions, including “awards”, are final. There are limited opportunities to appeal or otherwise challenge the result. N.I.

4.  The Scheme also caters for requirements imposed as a matter of law (e.g. the Human Rights Act 1998, and existing domestic law in the field of arbitration and European Community (hereafter referred to as EC) law). N.I.

(1)

S.I. 1992/807 (N.I. 5); Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and amended by paragraph 3 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

(2)

S.I. 1996/1919 (N.I. 16); Article 112F was inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))