Reinstatement and re-engagement are remedies a tribunal must consider whenever a claimant indicates a desire for either of them. Arriva London Ltd v Eleftheriou deals with the matter of when a tribunal finds that a dismissal is unfair, but on the facts there is a chance that the claimant would have been dismissed fairly had…
With reductions in tribunal awards on the way, and with it becoming increasingly difficult to find alternative employment, the remedies of reinstatement and re-engagement, which have rather fallen into disuse, are perhaps due a revival. Rembiszewski v Atkins Ltd is a decision on when the practicability of the dismissed worker returning to work should be…
Manchester College v Hazel & Anor looks at when a dismissal relating to harmonisation of terms after a TUPE transfer will be fair, and when it is not, the appropriate remedy. The case arose after a contract for provision of education in the prison service was transferred under TUPE to a new provider. After the…