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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    The ACAS arbitration scheme applied initially (2001) only to unfair dismissal disputes in England and Wales. With effect from 6th April 2003 a separate but very similar ACAS scheme was set up to cover disputes over requests for flexible working arrangements in England and Wales

    As from 6th April 2004 the original unfair dismissal scheme was replaced by a version which applies to Scotland as well as to England and Wales ACAS Arbitration Scheme (Great Britain) Order 2004, SI 2004/753. As from 1st October 2004 the flexible working scheme is also replaced by a version which applies to Scotland as well as England and Wales (see the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004, SI 2004/2333.

    The two schemes are similar. However the Unfair Dismissal version includes extra sections not appropriate for the flexible work version to cover arbitration in automatically unfair dismissal cases (see Unfair dismissal/automatically unfair dismissals ) and in cases where reinstatement and reengagement orders rather than cash awards may be appropriate.

    The detailed rules are in schedules to the ACAS Arbitration Scheme (Great Britain) Order 2004, SI 2004/753 and the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004). They are lengthy - 227 clauses in the unfair dismissal version and 178 clauses in the the flexible working time version.

    Also available are full ACAS guidance notes to the arbitration scheme (England and Wales) and ACAS guidance notes to the arbitration scheme (Scotland) plus a useful ACAS summary leaflet. ACAS has an "Arbitration Enquiries Hotline" on 0207 7210 3742.

    There is also available a DTI explanatory memorandum to the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004 SI 2004/2333

    See also notes at ACAS/arbitration scheme/a general introductory note and/or at ACAS/arbitration scheme/enforcement and appeals .


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    updated Sept2004.
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