Human Rights Act
Another significant reason for the delay in the introduction of the scheme has been the Human Rights legislation . It has been feared that the scheme will contradict the legislation . Article 6 of the Act provides the right to a fair trial. Under the Article, 'everyone is entitled to a fair and public hearing'. The 'fair' hearing is not in question but the 'public' hearing is. The Article goes on to say that the judgement of a case shall be 'pronounced publicly'. Such a provision contradicts the basis of the ACAS scheme, which emphasises the privacy of all parties, involved. This provision has the scope to be used by an unhappy party who perhaps is perturbed by the decision of the arbitrator. Such a party could then seek remedy under the Human Rights Act because the process was not carried out according to the Act. How this matter will be resolved remains to be seen and will depend on how the scheme is worded when it is finally put into effect in Spring.
The scheme in its finalised state is eagerly awaited and on the whole, should cut down the 'red tape' involved in bringing a case to a tribunal.…
