Re-employment

A. Re-instatement, under section 114 of Employment Rights Act 1996 (ERA), is where the tribunal orders the employer to give the individual their job back.

Re-engagement, under section 115 of ERA, is where the tribunal orders the employer to give the individual a new job. Where the tribunal is persuaded to make an order for re-engagement, it will be able to order the employer to hire your member on terms that it considers just.

Sadly, orders for either re-instatement or re-engagement are rare. But they are attractive in many respects. For example, if re-instatement or re-engagement is ordered, your member will be entitled to full compensation for all her lost earnings from the date of dismissal to the date of re-employment, as the statutory cap does not apply in this situation.

In the event that the employer fails to comply with an order for re-employment, your member will be entitled to additional compensation, unless the employer can demonstrate that it was not practicable to comply with the order.