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Re-employment Following Unfair Dismissal

 

‘Re-employment’ is the commonly used term for both reinstatement and re-engagement following Unfair Dismissal. Employment Tribunals exercise the right to order your employer to ‘re-employ’ you, either by ‘reinstating’ you in your previous role or finding you a different role in the same or an associated company, termed ‘re-engagement’.

 

Reinstatement is unusual

Orders for reinstatement are however highly unusual. Firstly many employees do not want their job back, particularly since not only have they been sacked but they have now successfully taken their old boss to a tribunal. Secondly Employment Tribunals are often reluctant to force the employer to take an employee back especially if there has been some misconduct by the employee. However an unfair dismissal lawyer can always argue the case for reinstatement at your request and the Tribunal will take this into consideration

 

In the rare case that a request for re-employment following the successful Unfair Dismissal claim has been granted by the Employment Tribunal, you should establish from your employer when this is to take place. There are two key reasons why this information is so important:

 

Practicability

It is in your best interests to ensure that the Employment Tribunal allows your employer plenty of time to reinstate you in your former role or re-engage you in a new one. This is because your employer may be able to claim that the time allowed for re-employing you wasn’t practicable. 

 

Compensation

In the case of an Employment Tribunal order for re-employment, if your former employer fails to adhere to the order, you will be entitled to further compensation. An amount will be awarded based on how much will fully compensate you for the period of time between the Unfair Dismissal and the date on which you should have been re-employed. Therefore, the later the ordered date of reinstatement the longer the period of entitlement and the greater the level of unfair dismissal compensation.

 

Additional factors determining the amount of the award are whether or not you were a high earner in your previous role and if your case has taken longer than usual to be presented to the Employment Tribunal,

It is important to note however, that re-employment is not deemed a remedy for Unfair Dismissal. Although the Courts will not grant a re-employment order unless explicitly requested by an employee, if an Employment Tribunal deems the employee to have acted unreasonably following Unfair Dismissal, they may decide that it would be unfair or inappropriate to order the employer to re-employ that person. Talk to an unfair dismissal lawyer from our specialist team to ensure that you do not lose out on the compensation you are entitled to.

 

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