Reinstatement
Reinstatement

The following Employment guidance 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 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 claimant's reinstatement or re-engagement. For further information, see Practice Note: Acas conciliation—The conciliation officer's role under the heading Conciliation of unfair dismissal cases.

For information on unfair dismissal remedies generally, see Practice Note: Unfair dismissal remedies—general.

When reinstatement will be ordered

When considering whether to order reinstatement or re-engagement, the tribunal must first consider whether to order reinstatement. It must consider:

  1. whether the employee wants to be reinstated

  2. whether it is practicable for the employer to reinstate them

  3. whether the employee caused