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The ACAS Arbitration Scheme (England and Wales) Order 2001
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- UK Statutory Instruments
- 2001 No. 1185
- SCHEDULE
- XIX.
- Paragraph 107
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107. 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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