The ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004
This Order sets out a revised scheme, submitted to the Secretary of State by ACAS pursuant to section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before an employment tribunal arising out of a contravention or alleged contravention of sections 80G(1) or 80H(1) (b) of the Employment Rights Act 1996 (flexible working). The Order revokes and replaces a previous Order which extended to England and Wales only (the “ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003”). This Order extends to Great Britain. The Order provides for the Scheme to come into effect on 1st October 2004. The Scheme will provide from that date a voluntary alternative to the employment tribunal for the resolution of claims arising out of an application for flexible working made under section 80F(1) of the 1996 Act by arbitration where both parties agree. The Order contains a transitional provision under which arbitration agreements signed before 1st October 2004 will continue to be determined under the Scheme set out in the 2003 Order.