# The ACAS Arbitration Scheme (England and Wales) Order 2001, Paragraph 107: Choice of remedy


If the arbitrator decides not to make an order for reinstatement, he or she shall then consider whether to make an order for re-engagement and, if so, on what terms. In so doing, the arbitrator shall take into account:
(i) any wish expressed by the Employee as to the nature of the order to be made;
(ii) whether it is practicable for the Employer (or a successor or an associated employer) to comply with an order for re-engagement, and
(iii) where the Employee caused or contributed to some extent to the dismissal, whether it would be just to order his or her re-engagement and (if so) on what terms.

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Source: https://www.legislation.gov.uk/uksi/2001/1185/schedule/paragraph/107 (the official version)
Page: https://openlegislation.uk/acas-arbitration-scheme-england-and-wales-order-2001/schedule/paragraph-107
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.