Remedies – Reinstatement

If you have been unfairly dismissed you can ask the Employment Tribunal to order that the Employer re-employ you into your original position as if the dismissal had not taken place. This is known as reinstatement or re-engagement.

In reality few people ask to return to work for the Employer because there has been too much bad feeling and it can be difficult to trust the Employer or your colleagues again. Also even if you ask to be re-instated few Employment Tribunal’s will order it as they recognise the difficulties this can cause on a practical level.

If the Employment Tribunal are considering whether to order re-engagement they must look at the practicability of the re-instatement at the time of the decision. So, if a considerable amount of time has passed between your dismissal and the remedy decision it will be the state of relations and the Employer’s business at the time of the remedy Hearing and not at the time of your dismissal or the main Hearing that will be considered.

It is important therefore to be realistic about the situation, and as much as you would like your job back it may not be practical for this to happen.

You should also note that if you are arguing that there has been a breakdown in trust and confidence between you and the Employer it will be contrary to any argument that you may make that you should be re-instated.

Be particularly aware of this conflict when you are preparing your claim form. If you have resigned because of the Employer’s behaviour don’t then ask to be re-instated on your claim form!

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