Paragraph 128 I1

England, Wales and Scotland

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.

Annotations

Commencement

I1: Sch. para. 128 in force at 6.4.2004, see art. 1(1)