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 in UK employment tribunals following unfair dismissal. Explains legal differences, tribunal process, when orders are made, factors considered, practical implications, non‑compliance consequences and common questions in clear educational detail.
When an employee in England and Wales successfully proves they were unfairly dismissed, one of the key questions is what remedy should follow. Tribunals routinely award compensation, but in some cases the law allows for the employee to be reinstated to their old job or re‑engaged in comparable work. These remedies are less common than financial compensation, but understanding the difference between reinstatement and re‑engagement, when tribunals will consider each, and what factors influence those decisions is essential for employees, employers, solicitors and students exploring employment law in practice.
Understanding Employment Tribunal Remedies
Employment tribunals in the UK have a range of remedies they can order if a claim of unfair dismissal is upheld. These include:
- Compensation, typically the most common outcome;
- Reinstatement, returning the employee to the same role they held before dismissal;
- Re‑engagement, placing the employee in a suitable or comparable role with the same employer or a related employer.
The Legal Framework
The powers for tribunals to make orders for reinstatement or re‑engagement stem from Part X, Chapter II of the Employment Rights Act 1996. Sections 113–117 set out how and when these orders can be made and what terms may be included.
What Is Reinstatement?
Reinstatement means that the employer must treat the employee as if they had never been dismissed. This includes restoring the same job, terms and conditions, continuity of service, pay, pension rights and any improvements that would have occurred in the absence of dismissal.
Key aspects of reinstatement:
- Employee returns to the original position with full continuity;
- Lost pay and benefits between dismissal and reinstatement must be made good;
- The tribunal specifies dates and any compensation due under the order.
When Tribunals Consider Reinstatement
Tribunals must first consider reinstatement before any re‑engagement order. This is a statutory duty under the Employment Rights Act 1996. Factors the tribunal considers include the employee's wish to return, whether reinstatement is practicable for the employer and whether it would be just in all circumstances (for example, if the employee's conduct contributed to the dismissal).
What Is Re‑engagement?
Re‑engagement is an alternative to reinstatement. It means the employee is offered a comparable or suitable job either with the original employer, a successor employer, or an associated employer. The terms must, where reasonably practicable, be as favourable as reinstatement.
Key features of re‑engagement orders:
- The tribunal decides the terms of re‑engagement, including employer identity, nature of employment, pay, benefits and a compliance date;
- Lost pay and benefits between dismissal and re‑engagement are usually included in the order;
- The order can be to a different but suitable position when the original job is unavailable or reinstatement is impractical.
Tribunal Process: Choice of Remedies
Under Section 116 of the Employment Rights Act 1996, the tribunal follows a statutory sequential approach:
- Reinstatement is considered first, taking into account the employee's wishes and practicalities.
- If reinstatement is not appropriate, the tribunal considers re‑engagement, again factoring in whether it is practicable and just.
- If neither order is appropriate, the usual remedy is compensation.
Why Reinstatement and Re‑engagement Are Rare
Although tribunals have the power to order reinstatement or re‑engagement, in practice both are ordered in less than 1 % of unfair dismissal cases. Employers and tribunals often determine that the employment relationship has deteriorated to such an extent that restoring it is impracticable or undesirable.
Factors Influencing Tribunal Decisions
Tribunals weigh multiple factors when deciding whether to make a reinstatement or re‑engagement order:
- Employee's Wishes: The claimant must express a desire for reinstatement or re‑engagement.
- Practicability: The employer must reasonably be able to comply with the order. If the business has changed, reinstatement may not be workable.
- Breakdown in Trust and Confidence: A significant breakdown in the working relationship may make orders impracticable or unjust.
- Contribution to Dismissal: If the claimant contributed to the dismissal, the tribunal may decide reinstatement or re‑engagement is not appropriate.
- Availability of Suitable Role: For re‑engagement, a role that is reasonably suitable must exist.
Practical Considerations for Employees and Employers
For employees, requesting reinstatement or re‑engagement can, in some cases, encourage employers to settle before a full hearing because such orders expose employers to a legal obligation they may prefer to avoid.
For employers, demonstrating that reinstatement or re‑engagement is not practicable or would be unjust can be crucial to avoid these orders. Tribunal decisions emphasise evidence of business disruption, changed roles or irreparable breakdowns in trust.
Consequences of Non‑Compliance
If an employer fails to comply with a reinstatement or re‑engagement order, the tribunal can award additional compensation. This is a financial penalty designed to enforce compliance or sanction non‑compliance, typically between 26 and 52 weeks' pay.
Common Questions Explained
Do reinstatement and re‑engagement orders replace compensation?
No. If a tribunal orders reinstatement or re‑engagement, the claimant still receives pay and benefits lost during the period between dismissal and the remedy. If no order is made, the usual compensation regime applies.
Can an employee be reinstated if the job no longer exists?
If the old role no longer exists, reinstatement is likely impracticable. In such cases, tribunals may consider re‑engagement to a suitable alternative role.
Are these orders legally binding?
Yes, orders for reinstatement or re‑engagement are legally binding. Failure to comply can lead to additional awards against employers.
Final Thoughts
Reinstatement and re‑engagement are statutory remedies available following a successful unfair dismissal claim in employment tribunals in England and Wales. While theoretically powerful, these remedies are infrequently ordered due to performance of practical and relational considerations within the workplace. Tribunals follow a clear statutory process, first considering reinstatement and then re‑engagement before awarding compensation. Understanding the criteria tribunals use, the legislative framework and practical implications assists both employers and employees in navigating unfair dismissal remedies effectively.
