116 Choice of order and its terms
116 Choice of order and its terms

(1)     In exercising its discretion under section 113 the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into account—

(a)     whether the complainant wishes to be reinstated,

(b)     whether it is practicable for the employer to comply with an order for reinstatement, and

(c)     where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement.

(2)     If the tribunal decides not to make an order for reinstatement it shall then consider whether to make an order for re-engagement and, if so, on what terms.

[. . .]

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