Binding arbitration

Acas also operates a voluntary but binding individual arbitration scheme, available as an alternative to taking a tribunal claim in unfair dismissal and flexible working claims.

If a claimant decides to enter into arbitration, they waive their right to pursue the claim in the tribunal or through the courts. The arbitration scheme can only be used if both parties agree in writing to resolve the dispute in that way, and if this agreement has been reached either through a conciliation officer or by way of a compromise agreement following independent advice. Both parties must also complete a waiver form. In practice, this scheme is under-utilised. More details are available on the Acas website at: www.acas.org.uk