The following Employment practice note provides comprehensive and up to date legal information covering:

  • Reinstatement
  • When reinstatement will be ordered
  • Effect of reinstatement order
  • Calculation of arrears of pay and other benefits
  • Second stage reinstatement hearing—compensation and additional award
  • Reinstatement order not fully complied with
  • Reinstatement order not complied with at all
  • Acas Code of Practice


Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which provide (among other things) that any basic award, compensatory award or additional award payable to an employee who has been furloughed under the Coronavirus Job Retention Scheme (CJRS) is calculated on the basis of their normal wages, rather than a reduced furlough rate, are considered in Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments.

Reinstatement is one of the orders that may be made by a tribunal under section 112 of the Employment Rights Act 1996 (ERA 1996) following a finding of unfair dismissal. For a discussion of the other remedies available, see Practice Note: Unfair dismissal remedies—general.

Following a finding of unfair dismissal, the tribunal must explain to the employee the availability of orders for reinstatement and re-engagement and the circumstances in which they may be made. The tribunal must also ask the employee whether they wish to be reinstated or re-engaged.

Where the employee does express a wish to be reinstated or re-engaged, the tribunal may make such an order, but is not obliged to do so.

Where an Acas conciliation officer is involved in seeking to promote settlement of a claim for unfair dismissal, they may in particular seek to promote the prospective

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