Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

One of the remedies (apart from compensation) that the Employment Tribunal has the power to award is that of reinstatement or reengagement if the employee wins the case. In this post we’ll take a look at the remedies of reinstatement and reengagement and consider when the Employment Tribunal will order such a remedy for a Claimant.

The first thing to note in considering reengagement and reinstatement is that such orders are extremely rare. Thus they’re realistically not usually an option in unfair dismissal cases. However, as stated above, the Employment Tribunal does possess the power to order such a remedy if the employee wins their case. In fact the Employment Tribunal must this specific power if the employee wins, regardless of whether the employee requested that remedy in their initial claim form (their ET1).

The Employment Tribunal must first consider whether reengagement (re-employment of the employee on a similar or comparable basis to their previous job) is appropriate. If inappropriate, the Employment Tribunal will then move on to consider whether reinstatement (re-employment in the same position) is appropriate. If the Employment Tribunal considers that reengagement is appropriate then a “Reengagement Order” will be made. Predictably, if the Employment Tribunal considers that reinstatement is the appropriate remedy then a “Reinstatement Order” will be made. An important point relating to these Orders is that the reemployment must not be on terms less favourable than the employee worked under before their dismissal.

The terms of a Reengagement Order must include:

  1. The employer’s identity (i.e. if the company is part of a large corporation then the employee may be re-employed elsewhere in the corporation); and
  2. The nature of the employee’s new employment; and
  3. The amount that the employee will be paid (on a weekly or monthly or annual basis); and
  4. The date that the employee will start work again
  5. The amount payable by the employer in respect of any benefit the employee might reasonably have expected to have had but for the dismissal

However, the employee can’t be doubly compensated for any losses they have accrued and therefore deductions must be made for any ex-gratia payments or wages received from a new employer.

The terms of a Reinstatement Order must delineate:

  1. When the employee will return to work
  2. The amount of missing wages and benefits that the employer must for the period between the employee’s dismissal and their reinstatement

A point to note is that such benefits include any rights that the employee would have been due in the period between their dismissal and their reinstatement (i.e. a promised pay rise). Again, the employee can’t be doubly compensated for any losses they have accrued and therefore deductions must be made for any ex-gratia payments or wages received in the meantime.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

One Response to Remedies: Reinstatement or reengagement in the Employment Tribunal

  1. Chaz says:

    Hi I find your information very interesting as I attended an won an ET case on my original ET1 I indicated I wished 4 reinstatement however this was not offered. I was only awarded a basic award as my employer claimed I was employee as they put me back on payroll however I never returned to work nor was I reinstated, rengaged or received any additional compensation.

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    269 Reviews

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 5 days ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 1 month ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 1 month ago

    Sanja K

    Very efficient and professional service.

    Posted 1 month ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 month ago

    Karen T

    Great service. Thank you.

    Posted 1 month ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 month ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 month ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 month ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 month ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 month ago

    Anonymous

    Great job done on my employment law

    Posted 1 month ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 months ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 months ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 2 months ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 months ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 months ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 months ago