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Reinstatement
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, with only five orders being made in the whole of the year preceding March 2012. Even so, safety reps should always ask for reinstatement, as successful compensation awards may be higher if the employer refuses.
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 before confirming that he was automatically unfairly dismissed for health and safety reasons. This case demonstrates in practice 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)