Unfair Dismissal Remedies

Unfair Dismissal Remedies

Where there is a finding of unfair dismissal the employment tribunal will need to consider the appropriate remedy.  

The employment tribunal may make an order for reinstatement, re-engagement or compensation.

Reinstatement

The definition of reinstatement is "an order that the employer shall treat the complainant in all respects as if he had not been dismissed.”  

However, when deciding whether or not to make an order for reinstatement the employment tribunal will consider:-

i)    Whether the complainant wishes to be reinstated

ii)    Whether it is practicable for an employer to comply with an order for
 reinstatement

iii)    Whether (in a case where the complainant caused or contributed to the
dismissal) it would be just to order reinstatement

In some cases it may not be appropriate for the employment tribunal to order reinstatement.

Re-engagement

The broad definition of re-engagement is "an order that the complainant be engaged by the employer in employment comparable to that from which he was dismissed or other suitable employment.”

In considering whether to make an order for re-engagement, the employment tribunal will consider the same factors as for reinstatement. (See above).

The employment tribunal will order the terms upon which re-engagement must take place.  

Unless the employment tribunal considers that the complainant contributed to his or her dismissal the terms of re-engagement must be (as far as reasonably practicable) as favourable as reinstatement.

The employer can refuse to reinstate or re-engage the complainant despite the employment tribunal making such an order.   In that case the employment tribunal will order additional compensation to the complainant.

Compensation

An award of compensation consists usually of:-

i)    A basic award - in most cases this will be the same as that of a statutory redundancy payment (see redundancy calculator)

ii)    A compensatory award is such an amount as the employment tribunal
considers just and equitable in all the circumstances, having regard to the loss sustained by the complainant in consequence of the dismissal insofar as that loss is attributable to action taken by the employer.  

The usual heads of compensation are:-

•    Loss of earnings
•    Future loss of earnings
•    Loss of use of company car
•    Loss of benefits in kind
•    Loss of reputation
•    Pension rights
•    Loss of statutory rights

There are many factors affecting the amount of the compensatory award and legal advice should be taken if in doubt to ensure that the maximum amount of compensation is claimed.

Generally awards made for unfair dismissal are subject to statutory maximums, but there are exceptions in cases where a complainant is found to have been automatically unfairly dismissed in health and safety cases, public interest disclosure cases, selection for redundancy on grounds of health and safety activity or selection for redundancy on the ground of public interest disclosure - in those cases the limits on compensation do not apply.

If you would like to find out whether you may have an unfair dismissal claim call us on 0845 009 0863 - or request a free assessment of your claim online