Exemption from the unfair dismissal provisions

The parties to a dismissal procedures agreement may apply jointly to the Secretary of State to substitute the agreement for the unfair dismissal provisions of the legislation. He may do so if he is satisfied on all the following points:

• that every trade union which is a party to the dismissal procedures agreement is an independent trade union;
• that the agreement provides for procedures to be followed in cases where an employee claims that he or she has been, or is in the course of being, unfairly dismissed;
• that these procedures are available without discrimination to all employees falling within any description to which the agreement applies;
• that the remedies provided by the agreement in respect of unfair dismissal are on the whole as beneficial as (but not necessarily identical with) those provided by the legislation;
• that the procedures provide either for arbitration in every case, or at least arbitration in cases where a decision cannot be reached and the right to submit any question of law arising out of a decision to arbitration; and
• that the provisions of the agreement are such that it can be determined with reasonable certainty whether a particular employee is one to whom the agreement applies or not.