This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to reinstatement and re‑engagement orders in UK employment law. Explains what these Employment Tribunal remedies mean after unfair dismissal, how tribunals decide on them, legal criteria, compliance consequences, and practical factors for employees and employers. Clear, step‑by‑step explanations of reinstatement and re‑engagement orders under the Employment Rights Act 1996.
When an employee's claim for unfair dismissal succeeds in an Employment Tribunal, the tribunal can award several remedies. Among these, reinstatement and re‑engagement orders stand out as statutory options that, unlike ordinary compensation, can restore the employment relationship itself. These orders are rare in practice but carry significant legal and financial implications for both employees and employers. This article explains what reinstatement and re‑engagement orders are, when tribunals can make them, how they work, and practical considerations for people involved in unfair dismissal claims.
Legal Basis of Reinstatement and Re‑Engagement Orders
The statutory authority for reinstatement and re‑engagement orders is found in Sections 113–117 of the Employment Rights Act 1996 (ERA 1996). This legislation applies in England and Wales and governs remedies following a successful claim for unfair dismissal before an Employment Tribunal.
Statutory Definitions
- Reinstatement Order
An order requiring the employer to treat the claimant in all respects as if they had never been dismissed. This includes restoring continuity of employment, pay, pension rights, benefits, and seniority. - Re‑Engagement Order
An order requiring the employer (or a successor/associated employer) to engage the claimant in employment comparable to their former role or in other suitable employment, on terms decided by the tribunal.
How Employment Tribunals Decide to Make an Order
When a tribunal upholds a complaint of unfair dismissal, it must consider remedial options in a specified order:
- Reinstatement – first considered if the claimant expresses a desire to return.
- Re‑Engagement – considered only if reinstatement is inappropriate or impracticable.
- Compensation – typically awarded where neither reinstatement nor re‑engagement is ordered.
Key Factors in Tribunal Decisions
Tribunals must weigh several factors when deciding whether to make an order:
- Employee's preference – whether the claimant wants reinstatement or re‑engagement.
- Practicability for the employer – whether it is feasible to comply with the order (tribunals interpret “practicable” as more than merely possible, meaning capable of being carried into effect with success).
- Justness considering conduct – whether it would be fair to require reinstatement or re‑engagement where the employee contributed to their dismissal.
A tribunal will not order reinstatement or re‑engagement if the employment relationship has irretrievably broken down, if the job no longer exists, or if practical constraints make compliance unreasonable.
Practical Operation of Orders
Reinstatement Orders
If ordered, the employer must:
- Treat the claimant as if dismissal never occurred.
- Restore pay, benefits, continuity and all employment rights as at the original role.
- Restore improvements in terms and conditions that would have occurred during the period of absence.
Re‑Engagement Orders
Re‑engagement may involve:
- Placement in a comparable role or other suitable position.
- Specification of terms by the tribunal, including remuneration, employer identity, and restoration of benefits.
- Ensuring terms are, where practicable, as favourable as reinstatement terms.
Tribunals sometimes consider roles with associated employers or successors where the original employer cannot provide suitable work.
Compliance and Consequences of Non‑Compliance
An employer cannot be compelled to comply with reinstatement or re‑engagement in the strict sense (i.e., forced physical reinstatement), but failure to comply carries significant financial consequences:
- The tribunal may order compensation reflecting lost earnings and benefits not subject to the ordinary statutory cap on compensatory awards.
- If the employer unjustifiably refuses to comply with an order, the tribunal may make an additional award of between 26 and 52 weeks' gross pay (subject to statutory limits), in addition to ordinary compensation.
Employers may choose to appeal tribunal orders or negotiate settlement terms rather than comply. Appeals can focus on whether the tribunal erred in its assessment of practicability or justice.
Frequency and Legal Practice
In practice, reinstatement and re‑engagement orders are rare, occurring in a small minority (often cited at less than 1% of unfair dismissal cases). This rarity stems from practical difficulties in restoring employment relationships and the burden on employers, especially in cases involving trust breakdown or business changes.
Because these orders can expose employers to larger financial liabilities (unlimited arrears of pay and benefits, plus potential additional awards), they can also influence settlement negotiations in unfair dismissal claims.
Time Limits and Procedural Context
To pursue reinstatement or re‑engagement, an employee must first file an unfair dismissal claim with the Employment Tribunal within the statutory time limits (generally three months less one day from the date of dismissal). The tribunal process then proceeds through liability and remedy stages.
Early conciliation through Acas is usually required before submitting a claim. Remedies including reinstatement, re‑engagement and compensation are considered only after liability for unfair dismissal is established.
Key Takeaways
- Reinstatement and re‑engagement orders are statutory remedies available after a tribunal finds unfair dismissal.
- Reinstatement restores the claimant to their former role with continuity of employment; re‑engagement places them in a comparable or suitable role.
- Tribunals decide based on employee wishes, practicality for the employer, and fairness, with reinstatement considered before re‑engagement.
- These orders are rare and usually considered only when there is a realistic opportunity to restore employment.
- Failure to comply with a tribunal order can result in enhanced financial penalties for the employer.
These remedies provide an alternative to compensation and can significantly affect outcomes in unfair dismissal disputes.
