Employment Rights (Dispute Resolution) Act 1998 s.12
NOTES
Employment Rights (Dispute Resolution) Act 1998 s.12 is entitled "Dismissal procedures agreements".
ERDRA 1998 s.12 is quite lengthy and has been carefully drafted, suggesting that perhaps greater use of the dismissal procedures agreement ("DPA") procedure is anticipated for the future. The section makes four changes to the previous law with effect from 1st August 1998 (see Acts of Parliament etc/Employment Rights (Dispute Resolution) Act 1998/Commencement dates ):-- a DPA can exclude some types of dismissal;
- the previous requirement that a DPA must include an unrestricted right to go to arbitration has been removed; instead, arbitration must be provided either in every case or in cases where a decision cannot be reached (by reason of equality of votes or any other reason) or a point of law arises;
- awards under a DPA will be legally enforceable as though they were arbitration awards; and
- if an employer becomes insolvent and therefore fails to pay an award under a DPA the government will guarantee the amount, subject to a limit equal to basic award which would have been applicable if there had not been a DPA (see Insolvency ).
Full text of the Employment Rights (Dispute Resolution) Act 1998 is included in this program.
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