The Employment Rights Act requires the tribunal to have regard to the following when considering whether to grant a reinstatement order:

  • Whether the complainant wishes to be reinstated;
  • Whether it is practicable for the employer to comply with an order for reinstatement; and
  • Where the complainant caused or contributed to his dismissal, whether it would be just to order his reinstatement.

The EAT held that the existence of mutual trust and confidence between the employer and ex-employee was a relevant factor when addressing the question of practicability of compliance with an order for reinstatement. In this case, the claimant's dishonesty and evasiveness in giving evidence at the remedy hearing were relevant factors and the reinstatement order was set aside.

Central and North West London NHS Foundation v Abimbola 2008