Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Reinstatement definition

What does Reinstatement mean? Reinstatement describes restoring a legal position—such as insurance cover, employment, property condition or court proceedings—to what it was before lapse, dismissal, alteration or strike‑out. It is a descriptive term used across contexts; in employment law its meaning is set out in statute. Insurance: after a policy lapses for non‑payment, many life and protection policies allow reinstatement, typically on paying arrears and interest, satisfying medical/underwriting evidence, and within a stated time limit. Cover usually recommences on reinstatement and will not respond to losses during the lapse. Property policies also use reinstatement for new‑for‑old repair/replacement and to restore an exhausted limit. Employment: an employment...

Reinstatement after unfair dismissal in England, Wales and Scotland: practicability/justice tests, effect of orders, arrears, and second-stage compensation and additional awards (Employment Rights Act 1996)

Published by a LexisNexis Employment expert

Practice notes

This Practice Note examines when reinstatement will be ordered as a remedy under section 112 of the Employment Rights Act 1996 (ERA 1996) following a finding of unfair dismissal.

The key factors are:

whether the employee seeks reinstatement;
whether returning them is feasible in practice;
and whether doing so would be fair in the circumstances.

It also covers what a reinstatement order must contain, its legal effect once made, and how arrears of salary and associated benefits are to be quantified.

Where an employer does not comply, in whole or in part, a further hearing on reinstatement will be convened. At that stage, the tribunal assesses whether compliance was in fact practicable and, if so, calculates an additional compensatory award under ERA 1996, s 117 in consequence of the failure to honour a reinstatement or re-engagement order.

Reinstatement is one of the orders available to a tribunal under ERA 1996, s 112 after an unfair dismissal finding. For analysis of alternative remedies, see Practice Note: Unfair dismissal remedies-general. Once unfair dismissal has been upheld, the tribunal must inform the employee about the possibility of reinstatement and re-engagement orders and explain the circumstances in which such orders may properly be made...

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Web page updated on 22/05/2026

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