Paragraph 127 I1

England, Wales and Scotland

In exercising his or her discretion with respect to the remedy to be awarded under paragraph 123(i) above, the arbitrator shall first consider whether to make an order for reinstatement, and in so doing shall take into account:

(i)

whether the Employee wishes to be reinstated;

(ii)

whether it is practicable for the Employer to comply with an order for reinstatement; and

(iii)

where the Employee caused or contributed to some extent to the dismissal, whether it would be just to order his or her reinstatement.

Annotations

Commencement

I1: Sch. para. 127 in force at 6.4.2004, see art. 1(1)