The ACAS Arbitration Scheme (Great Britain) Order 2004

Reinstatement

131.  On making an order for reinstatement, the arbitrator shall specify:

(i) any amount payable by the Employer in respect of any benefit which the Employee 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,

(ii) any rights and privileges (including seniority and pension rights) which must be restored to the Employee, and

(iii) the date by which the order must be complied with.

132.  If the Employee would have benefited from an improvement in his or her terms and conditions of employment had he or she not been dismissed, an order for reinstatement shall require him or her to be treated as if he or she had benefited from that improvement from the date on which he or she would have done so but for being dismissed.

133.  In calculating for the purposes of paragraph 131(i) above any amount payable by the Employer, the arbitrator shall take into account, so as to reduce the Employer’s liability, any sums received by the Employee in respect of the period between the date of termination of employment and the date of reinstatement by way of:

(i) wages in lieu of notice or ex gratia payments paid by the Employer, or

(ii) remuneration paid in respect of employment with another employer,

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