Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002

V.Scope of the Scheme

Cases that are covered by the Scheme

13.  This Scheme only applies to cases of alleged unfair dismissal (i.e. disputes involving proceedings, or claims which could be the subject of proceedings, before an industrial tribunal arising out of a contravention, or alleged contravention, of Part XI of the Employment Rights (Northern Ireland) Order 1996).

14.  The Scheme does not extend to other kinds of claim which are often related to, or raised at the same time as, a claim of unfair dismissal. For example, sex discrimination cases, religious and political discrimination cases and claims for unpaid wages are not covered by the Scheme.

15.  If a claim of unfair dismissal has been referred for resolution under the Scheme, any other claim, even if part of the same dispute, must be settled separately, or referred to an industrial tribunal or the Fair Employment Tribunal for Northern Ireland, or withdrawn. In the event that different aspects of the same dispute are being heard in an industrial tribunal or the Fair Employment Tribunal for Northern Ireland as well as under the Scheme, the arbitrator may decide, if appropriate or convenient, to postpone the arbitration proceedings pending a determination by an industrial tribunal or the Fair Employment Tribunal for Northern Ireland.

Waiver of jurisdictional issues

16.  The Scheme is not designed for disputes that raise jurisdictional issues, for example:

• whether or not the employee was employed by the employer;

• whether or not the employee had the necessary period of continuous service to bring the claim;

• whether or not time limits have expired and/or should be extended.

17.  Accordingly, when agreeing to refer a dispute to arbitration under the Scheme, both parties will be taken to have accepted as a condition of the Scheme that no jurisdictional issue is in dispute between them. The arbitrator will not therefore deal with such issues during the arbitration process, even if they are raised by the parties, and the parties will be taken to have waived any rights in that regard.

18.  In particular, in agreeing to arbitration under the Scheme, the parties will be treated as having agreed that a dismissal has taken place.

Inappropriate cases

19.  The Scheme is not intended for disputes involving complex legal issues. Whilst such cases will be accepted for determination (subject to the Terms of Reference), parties are advised, where appropriate, to consider applying to an industrial tribunal or the Fair Employment Tribunal for Northern Ireland or settling their dispute by other means.