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June 29th, 2017
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Unfair Dismissal Employment Tribunal Remedies

Entered by: Heidi Rush @ 09:35:43 on 26/08/09

When an employee takes employment tribunal action against their employer, Question 5 on the ET1 form under Unfair Dismissal or constructive dismissal is "What does the Employee Want if their case is successful?” The available options are:

  • To get their old job back with compensation (re-instatement)
  • To get another job with the same employer with compensation (re-engagement)
  • Compensation only

In this day of higher levels of dismissal claims being taking through the Employment Tribunal Process, re-instatement and re-engagement are realistic resolutions that can be enforced as the outcome.

Both reinstatement and re-engagement involve the employee coming back into the Company as if the dismissal never occurred; along with the employer having to pay loss of earnings. Re-instatement is the return of the employee back into the role they were dismissed from. Re-engagement is re-employment of the employee back into the company, but into a different role from which they were dismissed. However, their terms and conditions of employment need to be as close to the original terms as reasonably practicable.

In case you are not worried enough, let me outline for you a case of re-instatement. The case is that of Chagger v Abbey National plc & Hopkins, which took place in 2006. The Employment Tribunal concluded that the Claimant, Mr Chagger had been dismissed from his role unfairly and that he had also been discriminated against.

Whilst rare in these circumstances, the employment tribunals remedy was that Mr Chagger should be re-instated into the Company to put right the unfair dismissal.

Abbey National refused to comply with the re-instatement order and as a result, Abbey National have been ordered to pay Mr Chagger a record compensation amount of £2.8 million, which not only covers his original loss, but also for Abbey National's failure to comply.

Now you can't say you haven't been warned. If you have any concerns over any employee matters, don't get into this situation and take good, sound advice before action. You can contact our qualified human resources consultants on 0845 6100 651.

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