The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012

(2A) (1) Where on a complaint or reference made to an industrial tribunal under section 2, a dispute arises as to whether any work is of equal value as mentioned in section 1(2)(c) the tribunal may either – (a) proceed to determine that question; or (b) require a member of the panel of independent experts to prepare a report with respect to that question. (1A) Subsections (1B) and (1C) apply in a case where the tribunal has required a member of the panel of independent experts to prepare a report under paragraph (b) of subsection (1). (1B) The tribunal may – (a) withdraw the requirement; and (b) request the member of the panel of independent experts to provide it with any documentation specified by it or make any other request to him connected with the withdrawal of the requirement. (1C) If the requirement has not been withdrawn under paragraph (a) of subsection (1B), the tribunal shall not make any determination under paragraph (a) of subsection (1) unless it has received the report. (2) Subsection (2A) applies in a case where – (a) a tribunal is required to determine whether any work is of equal value as mentioned in section 1(2)(c), and (b) the work of the woman and that of the man in question have been given different values on a study such as is mentioned in section 1(6). (2A) The tribunal shall determine that the work of the woman and that of the man are not of equal value unless the tribunal has reasonable grounds for suspecting that the evaluation contained in the study – (a) was (within the meaning of subsection (3)) made on a system which discriminates on grounds of sex, or (b) is otherwise unsuitable to be relied upon. (3) An evaluation contained in a study such as is mentioned in section 1(6) is made on a system which discriminates on grounds of sex where a difference, or coincidence, between values set by that system on different demands under the same or different headings is not justifiable irrespective of the sex of the person on whom those demands are made. (4) In this section a reference to a member of a panel of independent experts is a reference to a person who is for the time being designated by the Labour Relations Agency for the purposes of this section as such a member, being neither a member of that Agency nor one of its officers or servants.

Signed

Sealed with the Official Seal of the Department for Employment and Learning on 26th July 2012.

Dr Stephen Farry — Minister for Employment and Learning

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order sets out and brings into operation an arbitration scheme intended for the resolution of a wide range of employment rights disputes. The Scheme was submitted to the Department for Employment and Learning by the Labour Relations Agency pursuant to Article 84A of the Industrial Relations (Northern Ireland) Order 1992 and Article 89 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

The Schedule to the Order sets out the detail of the Scheme, providing for arbitration in the case of 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 (unfair dismissal);

• Articles 112G(1) or 112H(1)(b) of that Order (flexible working);

• any of the statutory provisions specified under Article 84A(1)(b) of the Industrial Relations (Northern Ireland) Order 1992.

The Scheme additionally provides for arbitration in the case of proceedings, or claims which could be the subject of proceedings, before the Fair Employment Tribunal under Article 38 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

The Order provides for the Scheme to come into effect on 27th September 2012. The Scheme will provide from that date a voluntary alternative to an industrial tribunal or the Fair Employment Tribunal for the resolution of disputes to which it is applicable.

The Order also provides for certain provisions of the Arbitration Act 1996, as modified by the Order, to apply to arbitrations conducted in accordance with the Scheme.

Finally, the Order provides for the revocation of the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 and the Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006 and the discontinuation of the associated schemes. However, these Orders and the associated Schemes will continue in effect in respect of any agreement to utilise those Schemes concluded before 27th September 2012.

The Department has not prepared a specific impact assessment in respect of this Order. The impact of revised arbitration arrangements has already been assessed in connection with the Department’s review of systems for resolving disputes arising in the workplace. For more information, visit www.delni.gov.uk or contact the Department.

Footnotes

[^f00001]: S.I. 1992/807 (N.I. 5); Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and amended by paragraph 3 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

[^f00002]: S.I. 1996/1919 (N.I. 16); Articles 112G and 112H were inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

[^f00003]: Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

[^f00004]: S.R. 2012 No. 302

[^f00005]: S.I. 1998/3162 (N.I. 21)

[^f00006]: See S.R. 1999 No. 481 Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999

[^f00007]: S.R. 2002 No. 120

[^f00008]: S.R. 2006 No. 206

[^f00009]: 1996 c. 23

[^f00010]: S.I. 1992/807 (N.I. 5); Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and amended by paragraph 3 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

[^f00011]: S.I. 1998/3162 (N.I. 21)

[^f00012]: S.I. 1996/1919 (N.I. 16); Article 112F was inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by provisions of the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)

[^f00013]: S.R. 2012 No. 302

[^f00014]: Articles 112G and 112H were inserted by Article 15 of S.I. 2002/2836 (N.I. 2))

[^f00015]: 1970 c. 32 (N.I.)

[^f00016]: 1995 c. 50

[^f00017]: S.I. 1996/1921 (N.I. 18)

[^f00018]: S.I. 1998/3162 (N.I. 21)

[^f00019]: 1996 c. 23

[^f00020]: 1996 c. 23

[^f00021]: 1996 c. 23

[^f00022]: 1996 c. 23