Order for reinstatement or re-engagement

In deciding whether to make an order that the employer should reinstate the employee in the same job or re-engage the employee under a new contract of employment, the tribunal will take into account:

• the employee's wishes;
• whether it is practicable for the employee to return to work for the employer (there may, for example, be circumstances in which it is not practicable because relationships at the work place have been seriously damaged);
• in cases where the employee was partly to blame for the dismissal, whether or not it would be just to make such an order.

If the employer fails to comply with the terms of an order for reinstatement or re-engagement the tribunal, on being notified of the failure, will make an award of compensation calculated in the ordinary manner provided for in the legislation. Also the tribunal will make an additional award of compensation to be paid by the employer, unless the employer satisfies the tribunal that it was not practicable to comply with the order for reinstatement or re engagement as the case may be.