What is Reinstatement in Employment Tribunal Outcomes?

Reinstatement is one of the remedies available to an employment tribunal when an employee succeeds in an unfair dismissal claim. It refers to a tribunal order requiring the employer to take the employee back into their original job, restoring the employment relationship as if the dismissal had not occurred.

Although reinstatement is available under UK employment law, it is used far less frequently than financial compensation. Tribunals consider it only where continuing employment is practical and appropriate.

This article explains what reinstatement means, how it differs from other remedies, when tribunals may order it, and how it operates in unfair dismissal claims in England and Wales.

Meaning of Reinstatement in Employment Law

Reinstatement is a tribunal remedy that requires an employer to:

• Re-employ the dismissed worker in their original job
• Restore previous terms and conditions of employment
• Treat continuity of employment as uninterrupted

In legal terms, reinstatement aims to put the employee back in the position they would have been in if the dismissal had not happened.

It is one of three main remedies available in unfair dismissal cases:

• Reinstatement (return to the same job)
• Re-engagement (return to a different suitable job)
• Compensation (financial award)

Reinstatement vs Re-Engagement

These two remedies are often confused but are legally distinct.

Reinstatement

• Employee returns to their original job
• Same role, responsibilities, pay, and benefits
• Employment continuity is preserved
• Treats dismissal as if it never occurred

Re-Engagement

• Employee is offered a different role
• May involve different duties or status
• Used where original job is no longer available or practical
• Must be suitable and reasonable in the circumstances

Tribunals will only consider re-engagement if reinstatement is not appropriate.

When Can an Employment Tribunal Order Reinstatement?

Employment tribunals have discretion to order reinstatement, but it is not automatic. The key legal test is whether it is “just and practicable” to do so.

Tribunals typically assess:

1. Whether the employee wants to return

Reinstatement will not usually be ordered if the employee does not wish to go back to the workplace.

2. Whether the employer is willing to comply

If there is hostility or lack of cooperation from the employer, reinstatement may be impractical.

3. The working relationship

Tribunals consider whether trust and confidence between the parties has broken down.

4. Practical feasibility

This includes whether:

• The job still exists
• The workplace has changed significantly
• The role can realistically be restored

5. Conduct of both parties

Employee misconduct, employer behaviour during dismissal, and procedural fairness are all relevant.

Legal Framework for Reinstatement Orders

Employment tribunals derive the power to order reinstatement from UK employment legislation governing unfair dismissal remedies.

When deciding whether to order reinstatement, tribunals must also consider:

• Whether the dismissal was unfair
• Whether reinstatement is appropriate compared to compensation
• Whether the order would be enforceable in practice

Even if reinstatement is technically possible, tribunals often prefer compensation if the employment relationship has broken down.

How Often Is Reinstatement Ordered?

Reinstatement is rare in UK employment tribunal cases.

In practice, compensation is the most common remedy because:

• Workplace relationships are often irreparably damaged
• Employers may resist continued employment
• Employees may prefer financial resolution
• Practical barriers exist in restoring roles

Reinstatement is more likely in cases involving:

• Clear procedural unfairness
• Long-standing employment relationships
• Strong evidence that the employee can return without conflict

The Tribunal Process for Reinstatement

If an employee requests reinstatement, the tribunal will consider it after finding unfair dismissal.

Step 1: Liability decision

The tribunal determines whether the dismissal was unfair.

Step 2: Remedy hearing (if needed)

If unfair dismissal is proven, the tribunal considers remedies, including:

• Reinstatement
• Re-engagement
• Compensation

Step 3: Evidence assessment

The tribunal evaluates:

• Working relationship breakdown
• Employer attitude
• Employee preference
• Workplace changes

Step 4: Decision

The tribunal either:

• Orders reinstatement
• Orders re-engagement
• Awards compensation instead

What Happens If Reinstatement Is Ordered?

If a tribunal orders reinstatement:

• The employee must be treated as if never dismissed
• Back pay may be awarded for lost earnings
• Employment continuity is restored
• Terms and conditions remain unchanged

Failure by the employer to comply may result in increased compensation awards.

What Happens If Reinstatement Is Not Possible?

If reinstatement is not practical, the tribunal may:

• Move to re-engagement in a different role
• Award increased compensation instead

Compensation may include:

• Basic award (similar to redundancy calculation)
• Compensatory award for financial losses
• Loss of future earnings in some cases

Advantages and Disadvantages of Reinstatement

Advantages for employees

• Restoration of employment income
• Continuity of service and benefits
• Potential recovery of career position

Disadvantages for employees

• Returning to a potentially hostile workplace
• Emotional or professional conflict
• Limited workplace control after reinstatement

Advantages for employers

• Avoids large compensation awards
• Resolves dispute without financial payout escalation

Disadvantages for employers

• Operational disruption
• Workplace relationship issues
• Management challenges following dispute

Common Misunderstandings

“Reinstatement is automatic if I win my case”

Incorrect. Even if unfair dismissal is proven, reinstatement is discretionary.

“Tribunals prefer reinstatement over compensation”

In practice, compensation is far more common.

“Reinstatement means promotion or better terms”

Reinstatement restores the previous position only, not improved conditions.

Time Limits and Related Claims

Reinstatement is not a separate claim. It is a remedy linked to:

• Unfair dismissal claims under employment tribunal proceedings

General time limits still apply:

• Usually 3 months minus 1 day from the date of dismissal
• ACAS Early Conciliation is required before filing

Practical Considerations for Claimants

When considering reinstatement as a remedy, tribunals and claimants often assess:

• Whether the job environment is still viable
• Whether trust between parties has broken down
• Whether compensation is a more realistic outcome
• Whether return to work is sustainable long-term

In many cases, reinstatement is requested but compensation is ultimately awarded instead.

Final Thoughts

Reinstatement in employment tribunal outcomes is a legal remedy that restores a dismissed employee to their original job as if the dismissal never occurred. While it is a powerful remedy in theory, it is rarely ordered in practice due to practical and relational difficulties in restoring employment.

Tribunals will only grant reinstatement where it is just and practicable, taking into account the wishes of the employee, the employer's position, and the working relationship. In most unfair dismissal cases, financial compensation remains the more common outcome.

Understanding reinstatement is essential when assessing potential remedies in employment tribunal claims and evaluating the realistic outcomes of unfair dismissal disputes.