UK Statutory Instrument SI 2004/753 United Kingdom

The ACAS Arbitration Scheme (Great Britain) Order 2004

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Status
In Force

What it defines

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

234 other provisions — procedural and definitional
sch. para. 92 Although the arbitrator has no power to compel the attendance...
s.001 The ACAS Arbitration Scheme (“the Scheme”) is implemented pursuant to... (opens in a new tab)
s.002 The Scheme provides a voluntary alternative to the employment tribunal... (opens in a new tab)
s.003 Resolution of disputes under the Scheme is intended to be... (opens in a new tab)
s.004 The Scheme also caters for requirements imposed as a matter... (opens in a new tab)
s.005 The Scheme accommodates certain differences between the law of Scotland... (opens in a new tab)
s.006 As more fully explained below, cases enter the Scheme by... (opens in a new tab)
s.007 Unless in the course of a hearing, all communications between... (opens in a new tab)
s.008 Paragraph 218 below sets out the manner in which any... (opens in a new tab)
s.009 The term “Employee” is used to denote the claimant (ie... (opens in a new tab)
s.010 The term “Employer” is used to denote the respondent. (opens in a new tab)
s.011 The term “EC law” means: (i) any enactment in the... (opens in a new tab)
s.012 The term “English/Welsh arbitration” means an arbitration under this Scheme,... (opens in a new tab)
s.013 The term “Scottish arbitration” means an arbitration under this Scheme,... (opens in a new tab)
s.014 The term “devolution issue” means a devolution issue as defined... (opens in a new tab)
s.015 With the exception of paragraphs 26(i) (“Requirements for entry into... (opens in a new tab)
s.016 Paragraphs 46EW, 47EW, 48EW, 49EW, 50EW, 51EW, 52EW, 53EW, 110EW,... (opens in a new tab)
s.017 Every agreement to refer a dispute to arbitration under this... (opens in a new tab)
s.018 This Scheme only applies to cases of alleged unfair dismissal... (opens in a new tab)
s.019 The Scheme does not extend to other kinds of claim... (opens in a new tab)
s.020 If a claim of unfair dismissal has been referred for... (opens in a new tab)
s.021 Because of its informal nature, the Scheme is not designed... (opens in a new tab)
s.022 Accordingly, when agreeing to refer a dispute to arbitration under... (opens in a new tab)
s.023 In particular, in agreeing to arbitration under the Scheme, the... (opens in a new tab)
s.024 The Scheme is not intended for disputes involving complex legal... (opens in a new tab)
s.025 The Scheme is an entirely voluntary system of dispute resolution:... (opens in a new tab)
s.026 Any agreement to submit a dispute to arbitration under the... (opens in a new tab)
s.027 Where an agreement fails to satisfy any one of these... (opens in a new tab)
s.028 Where: (i) a dispute concerning unfair dismissal claims as well... (opens in a new tab)
s.029 All Arbitration Agreements must be notified to ACAS within two... (opens in a new tab)
s.030 For the purposes of the previous paragraph, an Arbitration Agreement... (opens in a new tab)
s.031 Where an Arbitration Agreement is not notified to ACAS within... (opens in a new tab)
s.032 Any such hearing and award will be governed by the... (opens in a new tab)
s.033 Where all parties so agree in writing, ACAS may consolidate... (opens in a new tab)
s.034 At any stage of the arbitration process, once an Arbitration... (opens in a new tab)
s.035 Once an Arbitration Agreement has been concluded and the reference... (opens in a new tab)
s.036 Parties are free to reach an agreement settling the dispute... (opens in a new tab)
s.037 If such an agreement is reached: (i) upon the joint... (opens in a new tab)
s.038 An agreed award shall state that it is an award... (opens in a new tab)
s.039 If the agreement settling the dispute includes an agreement that... (opens in a new tab)
s.040 Subject to paragraph 39, in rendering an agreed award, the... (opens in a new tab)
s.041 Arbitrators are selected to serve on the ACAS Arbitration Panel... (opens in a new tab)
s.042 Arbitral appointments are made exclusively by ACAS from the ACAS... (opens in a new tab)
s.043 Once ACAS has been notified of a valid Arbitration Agreement,... (opens in a new tab)
s.044 Immediately following selection (and before an appointment is confirmed by... (opens in a new tab)
s.045 Once appointed, and until the arbitration is concluded, every arbitrator... (opens in a new tab)
s.046 An arbitrator in an English/Welsh arbitration may only be removed...
s.047 Applications under the Scheme to remove an arbitrator on any...
s.048 At the same time as an application is made to...
s.049 ACAS shall, following receipt of an application under paragraph 48EW,...
s.050 ACAS may, after such procedures as ACAS in its sole...
s.051 If ACAS refuses an application made under paragraph 47EW, a...
s.052 Sections 24(1)(a) and (c), 24(2), 24(3), 24(5) and 24(6) of...
s.053 The arbitrator may continue the proceedings and make an award...
s.054 An arbitrator in a Scottish arbitration may be removed by...
s.055 An application under the Scheme to remove an arbitrator shall...
s.056 ACAS shall, following receipt of an application under paragraph 55S...
s.057 ACAS may, after such procedure as ACAS in its sole...
s.058 A decision of ACAS made under paragraph 57S shall be...
s.059 The arbitrator may continue the proceedings and make an award...
s.060 The authority of an arbitrator is personal and ceases on... (opens in a new tab)
s.061 Where an arbitrator ceases to hold office for any reason,... (opens in a new tab)
s.062 Once appointed, the replacement arbitrator shall determine whether and, if... (opens in a new tab)
s.063 The arbitrator shall: (i) act fairly and impartially as between... (opens in a new tab)
s.064 The arbitrator shall comply with the general duty (see paragraph... (opens in a new tab)
s.065 The parties shall do all things necessary for the proper... (opens in a new tab)
s.066 Arbitrations, and all associated procedures under the Scheme, are strictly... (opens in a new tab)
s.067 Hearings may only be attended by the arbitrator, the parties,... (opens in a new tab)
s.068 A hearing must be held in every case, notwithstanding any... (opens in a new tab)
s.069 Once an arbitrator has been appointed by ACAS, a hearing... (opens in a new tab)
s.070 The arbitrator shall decide the date and venue for the... (opens in a new tab)
s.071 The ACAS Arbitration Section shall contact all parties with details... (opens in a new tab)
s.072 If: (i) before the parties have agreed to refer a... (opens in a new tab)
s.073 Hearings may be held in any venue, provided that the... (opens in a new tab)
s.074 Where premises have to be hired for a hearing, ACAS... (opens in a new tab)
s.075 Where a party needs the services of an interpreter, signer... (opens in a new tab)
s.076 Every party shall meet their own travelling expenses and those... (opens in a new tab)
s.077 No loss of earnings are payable by ACAS to anyone... (opens in a new tab)
s.078 Any application for a postponement of, or a different venue... (opens in a new tab)
s.079 If the application is rejected, the initial hearing will be... (opens in a new tab)
s.080 This provision does not affect the arbitrator’s general discretion (set... (opens in a new tab)
s.081 If a party fails to comply with any aspect of... (opens in a new tab)
s.082 Once a hearing has been fixed, the following procedure shall... (opens in a new tab)
s.083 At least 14 days before the date of the hearing,... (opens in a new tab)
s.084 Written statements of case should briefly set out the main... (opens in a new tab)
s.085 Supporting documentation or other material may include (without limitation) copies... (opens in a new tab)
s.086 The parties must also supply details of any relevant awards... (opens in a new tab)
s.087 Legible copies of documents must be supplied to ACAS even... (opens in a new tab)
s.088 No information on the conciliation process, if any, shall be... (opens in a new tab)
s.089 Written statements of case and documentary or other material that... (opens in a new tab)
s.090 All representatives and witnesses who have been listed as accompanying... (opens in a new tab)
s.091 Any party may request the other party to produce copies... (opens in a new tab)
s.093 Where the arbitrator believes that there may be considerable differences... (opens in a new tab)
s.094 In the course of a preliminary hearing or in correspondence,... (opens in a new tab)
s.095 Subject to the arbitrator’s general duty (Part X above), and... (opens in a new tab)
s.096 The language of the proceedings shall be English, unless the... (opens in a new tab)
s.097 No party or witness shall be cross-examined by a party... (opens in a new tab)
s.098 The arbitrator shall have the right to address questions directly... (opens in a new tab)
s.099 In every case, the arbitrator shall: (i) explain to the... (opens in a new tab)
s.100 The parties may be accompanied by any person chosen by... (opens in a new tab)
s.101 The arbitrator will not apply strict rules of evidence (or... (opens in a new tab)
s.102 The arbitrator shall have no power to order provisional or... (opens in a new tab)
s.103 If, without showing sufficient cause, a party fails to attend... (opens in a new tab)
s.104 In the case of the non-attendance of the Employee, if... (opens in a new tab)
s.105 No further submissions or evidence will be accepted after the... (opens in a new tab)
s.106 The arbitrator shall have the power, on the application of... (opens in a new tab)
s.107 The legal adviser will be appointed by ACAS, to report... (opens in a new tab)
s.108 The arbitrator shall allow the legal adviser to attend the... (opens in a new tab)
s.109 The parties shall be given a reasonable opportunity to comment... (opens in a new tab)
s.110 Section 45 of the Arbitration Act 1996 shall apply to...
s.111 The arbitrator may make a reference to the Court of...
s.112 The arbitrator shall not make a reference under paragraph 111S...
s.113 In deciding whether the dismissal was fair or unfair, subject... (opens in a new tab)
s.114 The award in an English/Welsh arbitration shall be in writing,...
s.115 The award (unless it is an agreed award) shall:
s.116 If the award contains an order for the payment of...
s.117 The award in a Scottish arbitration shall—
s.118 If the award contains an order for the payment of...
s.119 The arbitrator shall issue with his award (unless it is...
s.120 The arbitrator may make more than one award at different... (opens in a new tab)
s.121 The arbitrator may, in particular, make an award relating: (opens in a new tab)
s.122 If the arbitrator does so, he or she shall specify... (opens in a new tab)
s.123 In the event that the arbitrator finds that the dismissal... (opens in a new tab)
s.124 In cases where the arbitrator finds that the dismissal was... (opens in a new tab)
s.125 An order for reinstatement (which must be in the form... (opens in a new tab)
s.126 An order for re-engagement (which must be in the form... (opens in a new tab)
s.127 In exercising his or her discretion with respect to the... (opens in a new tab)
s.128 If the arbitrator decides not to make an order for... (opens in a new tab)
s.129 If ordering re-engagement, the arbitrator shall do so on terms... (opens in a new tab)
s.130 Where in any case an Employer has engaged a permanent... (opens in a new tab)
s.131 On making an order for reinstatement, the arbitrator shall specify:... (opens in a new tab)
s.132 If the Employee would have benefited from an improvement in... (opens in a new tab)
s.133 In calculating for the purposes of paragraph 131(i) above any... (opens in a new tab)
s.134 On making an order for re-engagement the arbitrator shall specify... (opens in a new tab)
s.135 In calculating, for the purposes of paragraph 131(iv) above, any... (opens in a new tab)
s.136 The Employee’s continuity of employment will be preserved in the... (opens in a new tab)
s.137 When an arbitrator makes an award of compensation, instead of... (opens in a new tab)
s.138 Where paragraph 163 below applies, an award of compensation shall... (opens in a new tab)
s.139 Subject to the following provisions, the basic amount shall be... (opens in a new tab)
s.140 As to the “effective date of termination”: (opens in a new tab)
s.141 In determining “continuous employment”, the arbitrator shall have regard to... (opens in a new tab)
s.142 The “appropriate amount” means: (i) one and a half weeks'... (opens in a new tab)
s.143 In calculating the amount of a week’s pay of an... (opens in a new tab)
s.144 Where twenty years of employment have been reckoned under paragraph... (opens in a new tab)
s.145 Where the effective date of termination is after the sixty-fourth... (opens in a new tab)
s.146 The “appropriate fraction” means the fraction of which: (opens in a new tab)
s.147 A “minimum basic amount” shall apply where the arbitrator has... (opens in a new tab)
s.148 Before any reductions are taken into account under paragraphs 151... (opens in a new tab)
s.149 Where: (i) the arbitrator finds that the reason (or, where... (opens in a new tab)
s.150 For the purposes of this Scheme: (i) for the definition... (opens in a new tab)
s.151 Where the arbitrator finds that the Employee has unreasonably refused... (opens in a new tab)
s.152 Where the arbitrator considers that any conduct of the Employee... (opens in a new tab)
s.153 The preceding paragraph does not apply in a redundancy case... (opens in a new tab)
s.154 Where the Employee has been awarded any amount in respect... (opens in a new tab)
s.155 The basic amount shall be reduced or further reduced by... (opens in a new tab)
s.156 Subject to the following provisions, the compensatory amount shall be... (opens in a new tab)
s.157 The loss referred to in paragraph 156 above shall be... (opens in a new tab)
s.158 In ascertaining the loss referred to in paragraph 152 above,... (opens in a new tab)
s.159 In determining, for the purposes of paragraph 152 above, how... (opens in a new tab)
s.160 Where the arbitrator finds that the dismissal was to any... (opens in a new tab)
s.161 If: (i) any payment was made by the Employer to... (opens in a new tab)
s.162 Where an award of compensation is to be made, and... (opens in a new tab)
s.163 Where an award of compensation is to be made, and... (opens in a new tab)
s.164 In determining the amount of a reduction under paragraph 162... (opens in a new tab)
s.165 The amount of such a reduction or supplementary amount shall... (opens in a new tab)
s.166 With the exception of: (i) cases falling within sections 100... (opens in a new tab)
s.167 The limit referred to above applies to the amount which... (opens in a new tab)
s.168 Where the same acts of the Employer are relied upon... (opens in a new tab)
s.169 The arbitrator’s award shall be sent by ACAS to both... (opens in a new tab)
s.170 Subject to any steps which may be reasonably necessary for... (opens in a new tab)
s.171 Before being sent to the parties, awards may be scrutinised... (opens in a new tab)
s.172 The arbitrator may, on his or her own initiative or... (opens in a new tab)
s.173 In so far as any such correction or additional award... (opens in a new tab)
s.174 Any application by a party for the exercise of this... (opens in a new tab)
s.175 Any correction of the award shall be made within 28... (opens in a new tab)
s.176 Any additional award shall be made within 56 days of... (opens in a new tab)
s.178 Any additional award in a Scottish arbitration shall so far...
s.179 Any correction of the award shall form part of the... (opens in a new tab)
s.180 Awards made by arbitrators under this Scheme are final and... (opens in a new tab)
s.181 This does not affect the right of a person to...
s.182 This does not affect the right of a person to...
s.183 Section 66 of the Arbitration Act 1996 shall apply to...
s.184 Any award requiring the payment of money which may be...
s.185 Awards of reinstatement or re-engagement will be enforced by the... (opens in a new tab)
s.186 Awards of compensation that are not paid within 42 days... (opens in a new tab)
s.187 Section 67 of the Arbitration Act 1996 shall apply to...
s.188 A party to a Scottish arbitration may appeal to the...
s.189 A party may lose the right to appeal under paragraph...
s.190 Appeals under paragraph 188S are subject to the provisions of...
s.191 For the purposes of paragraph 188S “substantive jurisdiction” means any...
s.192 The arbitrator may continue the arbitral proceedings and make a...
s.193 On an appeal under paragraph 188S the Court may (without...
s.194 Section 68 of the Arbitration Act 1996 shall apply to...
s.195 A party to a Scottish arbitration may appeal to the...
s.196 A party may lose the right to appeal under paragraph...
s.197 Appeals under paragraph 195S are subject to the provisions of...
s.198 For the purposes of paragraph 195S, “serious irregularity” means an...
s.199 If there is shown to be serious irregularity affecting the...
s.200 Section 69 of the Arbitration Act 1996 shall apply to...
s.201 A party to a Scottish arbitration may appeal to the...
s.202 An appeal shall not be brought under paragraph 201S except—...
s.203 Leave to appeal shall be given only if the Court...
s.204 On an appeal under paragraph 201S the Court may (without...
s.205 Section 70 of the Arbitration Act 1996 shall apply to...
s.206 An appeal under paragraphs 188S, 195S or 201S may not...
s.207 An appeal under paragraphs 188S, 195S or (where the parties...
s.208 If on an appeal under paragraphs 188S, 195S or 201S...
s.209 Sections 81(1)(c) and 81(2) of the Arbitration Act 1996 shall...
s.210 Nothing in this Part of the Scheme shall be construed...
s.211 Section 3 of the Administration of Justice (Scotland) Act 1972...
s.212 (1) Section 71 of the Arbitration Act 1996 shall apply...
s.213 The following provisions have effect where the Court makes an...
s.214 If a party to arbitral proceedings under this Scheme takes... (opens in a new tab)
s.215 An arbitrator under this Scheme is not liable for anything... (opens in a new tab)
s.216 ACAS, by reason of having appointed an arbitrator or nominated... (opens in a new tab)
s.217 Sections 80(1), (2), (4), (5), (6) and (7) of the...
s.218 Any notice or other document required or authorised to be... (opens in a new tab)
s.219 Paragraph 218 does not apply to the service of documents... (opens in a new tab)
s.220 Any notice or other document required or authorised to be... (opens in a new tab)
s.221 If such a notice or other document is addressed, pre-paid... (opens in a new tab)
s.222 Paragraphs 220 and 221 do not apply to the service... (opens in a new tab)
s.223 Section 77 of the Arbitration Act 1996 shall apply to...
s.224 Sections 78(2), (3), (4) and (5) of the Arbitration Act...
s.225 Except as otherwise specified in the Scheme, periods of time...
s.226 The seat of an English/Welsh arbitration shall be England and...
s.227 The seat of a Scottish arbitration shall be Scotland. The...
s.art001 Citation, commencement, interpretation and extent
s.art002 Commencement of the Scheme
s.art003 Revocation
s.art004 Application of Part I of the Arbitration Act 1996
s.art005 (1) Section 46(1)(b) of the Arbitration Act 1996 shall apply...
s.art006 Enforcement of re-employment orders
s.art007 Awards of compensation
s.art008 Transitional provision

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