# The ACAS Arbitration Scheme (Great Britain) Order 2004, Paragraph 128

Extent: E+W+S

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/2004/753/schedule/paragraph/128 (the official version)
Page: https://openlegislation.uk/acas-arbitration-scheme-great-britain-order-2004/schedule/paragraph-128
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.