Section 110(3)

An order designating a dismissal procedures agreement may be made by the Secretary of State, on an application being made to him jointly by all the parties to the agreement, if he is satisfied that— every trade union which is a party to the agreement is an independent trade union, the agreement provides for procedures to be followed in cases where an employee claims that he has been, or is in the course of being, unfairly dismissed, those procedures are available without discrimination to all employees falling within any description to which the agreement applies, 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 in respect of unfair dismissal by this Part, the agreement includes provision either for arbitration in every case or for— arbitration where (by reason of equality of votes or for any other reason) a decision under the agreement cannot otherwise be reached, and a right to submit to arbitration any question of law arising out of such a decision, and the provisions of the agreement are such that it can be determined with reasonable certainty whether or not a particular employee is one to whom the agreement applies.

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Source: legislation.gov.uk · retrieved 2026-09-04