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

    4.76 Average

    235 Reviews

    Paul O

    Chris & Rana guided me through a redundancy discussion. Prompt & patient assistance with the documents & meetings. Clear advice & fast responses regarding negotiations. Would definitely recommend & would use again without hesitation.

    Posted 1 month ago

    Anonymous

    Outstanding, efficient service. Thank you so much!

    Posted 1 month ago

    Jaswant S

    Very very happy with the good service I got Thank you so much for your help

    Posted 1 month ago

    Anonymous

    Mel and Chris were fantastic and supportive throughout! 1000% recommend.

    Posted 1 month ago

    Emma D

    Good responsive service

    Posted 1 month ago

    Mike T

    Good efficient service.

    Posted 1 month ago

    Brenda G

    Very professional and helpful

    Posted 1 month ago

    Charles A

    Chris Hadrill was recommended to me when I found myself in need of a solicitor at very short notice. He contacted me almost immediately to arrange a call. Chris handled my case in a professional and timely manner and kept me notified throughout. Chris inspired confidence and made me feel I was being cared for. If ever I'm in need of legal representation, I would not hesitate to contact Chris. And will gladly recommend him to family and friends.

    Posted 1 month ago

    Rosalind R

    I was very happy with the service that I received from Redmans Solicitors. They were able to advise me accordingly with regards to my employment matter and stay within the agreed costing.

    Posted 1 month ago

    Karl B

    Caroline and Chris were so helpful and friendly. Couldn't of asked for a better service.

    Posted 1 month ago

    Dimitrios P

    Excellent, professional service, in time and within the expected value.

    Posted 1 month ago

    Barbara K

    Everything quickly and fairly. Very professional. Thank you.

    Posted 1 month ago

    Sabrina J

    I received a efficient professional service during the whole process of liasing between myself and my former employer to getting all forms signed and receiving my redundancy payment in full in the summer of this year.

    Posted 1 month ago

    Anonymous

    I received legal advice on a redundancy settlement agreement from Redmans Solicitors and was very impressed by the quality of their service. Chris Hadrill is highly experienced in settlement matters and was especially understanding of the particulars of my case, going out of his way to ensure that it was resolved quickly and with the utmost professionalism. I have no hesitation in recommending Redmans to anyone in need of employment advice and settlement resolution.

    Posted 1 month ago

    Anonymous

    Excellent service, with full explanations of everything needed. Both Chris and Mel answered all emails very promptly and were personable and efficient.

    Posted 1 month ago

    Anonymous

    I would like to thank Chris Hadrill, in particular who handled my case, for all his hard work, expertise and dedication. He listened with empathy and offered suitable advice, which made me feel valued and confident through a difficult time. I would highly recommend Chris and the team at Redmans Solicitors. Thank you.

    Posted 1 month ago

    Yann G

    Yann Guezennec / Chris Hadrill - Thanks for the detailed, informed and professional advice for my settlement. When comprise is the rule I felt we could have been maybe a bit more aggressive from the start. However an acceptable outcome considering the situation. Thank you

    Posted 1 month ago

    Valentina D

    Great service from Mel, she was very good at explaining every part of the settlement agreement and very efficient dealing with the HR team. Very professional team, I would definitely use them again in future if the opportunity came up.

    Posted 1 month ago

    Olaf S

    I was very happy with the service that I have received. Thank You Regards

    Posted 1 month ago

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 1 month ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 1 month ago