If you have been unfairly dismissed, one of the remedies available, from the Employment Tribunal, is reinstatement or re-engagement.
In this situation you would be requesting that the Employment Tribunal order that you are re-employed by the employer. If such an order is made, it would be as if the dismissal had never occurred. This means your continuous service would be unaffected and you would be paid your salary for the period between the termination of your employment and the date of reinstatement.
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. In fact, reinstatement orders are made in less than 1% of cases.
If the Employment Tribunal Order reinstatement, the employer must comply. If they do not, the tribunal has the ability to order compensation for unfair dismissal and an additional award for failing to comply with the Order for reinstatement.
If the Employment Tribunal are considering whether to order reinstatement, they must look at the practicability of the reinstatement 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.
Given that we are seeing claims take around two years (sometimes longer) to conclude, I consider that Employment Tribunal’s will be less likely to order reinstatement as too much time will have passed between the dismissal and conclusion of the claim.
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 reinstated.
Be particularly aware of this conflict when you are preparing your claim form. If you have resigned because of the employer’s behaviour (known as constructive unfair dismissal) don’t then ask to be reinstated on your claim form!
The Employment Tribunal cannot award compensation if they make an Order for reinstatement. However, as set out above, you will be paid salary for the period between your employment terminating and the date of reinstatement.
If you need any advice or guidance on the remedies available through the Employment Tribunal, please do not hesitate to contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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