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Reinstatement: what tribunals can enforce
Page 27
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In claims for unfair dismissal, if the employee wishes it the employment tribunal is required to consider whether to make an order requiring the employer to reinstate or re-engage him.
The difference between reinstatement and re-engagement involves the terms upon which the employee comes back to work.
Reinstatement involves treating the employee as if he had never been dismissed and requires the employer to pay the employee for the period between dismissal and the tribunal hearing.
Re-engagement allows the tribunal to specify the terms upon which the employee will return; this will often mean that the employee is not entitled to backpay.
Under current legislation the tribunal cannot force an employer to take back someone who has been dismissed, but if an order is made and the employer refuses to comply the tribunal cam impose penalties, including the payment of up to 52 weeks' pay. This is in addition to any award of compensation, so refusing to comply with an order could be very expensive indeed.