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Section 115: Order for re-engagement.

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part X: Unfair dismissal — Chapter II: Remedies for unfair dismissal

An order for re-engagement is an order, on such terms as the tribunal may decide, 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.

On making an order for re-engagement the tribunal shall specify the terms on which re-engagement is to take place, including—

the identity of the employer,
the nature of the employment,
the remuneration for the employment,
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,
any rights and privileges (including seniority and pension rights) which must be restored to the employee, and
the date by which the order must be complied with.

In calculating for the purposes of subsection (2)(d) any amount payable by the employer, the tribunal shall take into account, so as to reduce the employer's liability, any sums received by the complainant in respect of the period between the date of termination of employment and the date of re-engagement by way of—

wages in lieu of notice or ex gratia payments paid by the employer, or
remuneration paid in respect of employment with another employer,

and such other benefits as the tribunal thinks appropriate in the circumstances.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.