69 Order for reinstatement or re-engagement.E+W+S
(1)An order under this section may be an order for reinstatement (in accordance with subsections (2) and (3)) or an order for re-engagement (in accordance with subsection (4)), as the industrial tribunal may decide, and in the latter case may be on such terms as the tribunal may decide.
(2)An order for reinstatement is an order that the employer shall treat the complainant in all respects as if he had not been dismissed, and on making such an order the tribunal shall specify—
(a)any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal, including arrears of pay, for the period between the date of termination of employment and the date of reinstatement;
(b)any rights and privileges, including seniority and pension rights, which must be restored to the employee; and
(c)the date by which the order must be complied with.
(3)Without prejudice to the generality of subsection (2), if the complainant would have benefited from an improvement in his terms and conditions of employment had he not been dismissed, an order for reinstatement shall require him to be treated as if he had benefited from that improvement from the date on which he would have done so but for being dismissed.
(4)An order for re-engagement is an order that the complainant be engaged by the employer, or by a successor of the employer or by an associated employer, in employment comparable to that from which he was dismissed or other suitable employment, and on making such an order the tribunal shall specify the terms on which re-engagement is to take place including—
(a)the identity of the employer;
(b)the nature of the employment;
(c)the remuneration for the employment;
(d)any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal, including arrears of pay, for the period between the date of termination of employment and the date of re-engagement;
(e)any rights and privileges, including seniority and pension rights, which must be restored to the employee; and
(f)the date by which the order must be complied with.
(5)In exercising its discretion under this section the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into account the following considerations, that is to say—
(a)whether the complainant wishes to be reinstated;
(b)whether it is practicable for the employer to comply with an order for reinstatement;
(c)where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement.
(6)If the tribunal decides not to make an order for reinstatement it shall then consider whether to make an order for re-engagement and if so on what terms; and in so doing the tribunal shall take into account the following considerations, that is to say—
(a)any wish expressed by the complainant as to the nature of the order to be made;
(b)whether it is practicable for the employer or, as the case may be, a successor or associated employer to comply with an order for re-engagement;
(c)where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his re-engagement and if so on what terms;
and except in a case where the tribunal takes into account contributory fault under paragraph (c) it shall, if it orders re-engagement, do so on terms which are, so far as is reasonably practicable, as favourable as an order for reinstatement.