Part II Other methods of dispute resolution
Arbitration
8 Effect of arbitration agreements.
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3
In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (subsection (1) of which prohibits contracting out of the provisions of that Act, but subject to exceptions specified in subsections (2) and (2A)), after subsection (5) insert—
6
An agreement under which the parties agree to submit a dispute to arbitration—
a
shall be regarded for the purposes of subsections (2) and (2A) as being an agreement to refrain from instituting or continuing proceedings if—
i
the dispute is covered by a scheme having effect by virtue of an order under section 212A, and
ii
the agreement is to submit it to arbitration in accordance with the scheme, but
b
shall be regarded for those purposes as neither being nor including such an agreement in any other case.
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5
In section 203 of the M1Employment Rights Act 1996 (subsection (1) of which prohibits contracting out of the provisions of that Act, but subject to exceptions specified in subsection (2)), after subsection (4) insert—
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An agreement under which the parties agree to submit a dispute to arbitration—
a
shall be regarded for the purposes of subsection (2)(e) and (f) as being an agreement to refrain from instituting or continuing proceedings if—
i
the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
the agreement is to submit it to arbitration in accordance with the scheme, but
b
shall be regarded as neither being nor including such an agreement in any other case.