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Reinstatement
[ch 4: page 68]The law does not allow tribunals to compel employers to reinstate workers who have been dismissed for taking a stand on health and safety, and reinstatement orders are very rare. Often the only way to secure the reinstatement of health and safety reps is through the threat of industrial action, as the experience of RMT rep Eamonn Lynch demonstrates:
In May 2011, Eamonn Lynch, Bakerloo Line drivers’ health and safety rep, was reinstated by London Underground following a threat of industrial action by transport union RMT. A tribunal had earlier made a full pay interim relief order in favour of Mr Lynch (see page 72) before confirming that he was automatically unfairly dismissed for health and safety reasons. This case shows how tribunal rights on their own are often insufficient to protect the rights of safety reps. What is required in addition is a high level of collective organising, and a willingness to act collectively to support these rights.
Lynch v London Underground, Employment tribunal 2011, unreported
Even though reinstatement orders are rare, safety reps should always ask for reinstatement, as successful compensation awards may be higher if the employer refuses. If the tribunal makes an order for reinstatement or re-engagement but the employer does not reinstate or re-engage and cannot show it was not reasonably practicable, the tribunal will make an additional award (on top of the compensatory award – see below), of between 26 weeks’ and 52 weeks’ pay, subject to the statutory limit to a week’s pay (£479 from April 2016). The minimum additional award is the lower of 26 weeks’ pay and £12,454, and the maximum is the lower of 52 weeks’ pay and £24,908 (from April 2016).