Unfair dismissal remedies—general

Published by a LexisNexis Employment expert
Practice notes

Unfair dismissal remedies—general

Published by a LexisNexis Employment expert

Practice notes
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Where an employment tribunal upholds an employee's Unfair dismissal claim, the following remedies are possible:

  1. an order for reinstatement—ordering the employer to give the employee their old job back and to make good any loss of earnings from the date of Dismissal to the date of reinstatement

  2. an order for re-engagement—ordering the employer to give the employee a job comparable to their old job and to make good any loss of earnings from the date of dismissal to the date of re-engagement

  3. an order for compensation, comprising:

    1. the Basic award, and

    2. the compensatory award, and

  4. an award of additional compensation

The way these possible remedies are applied is as follows:

  1. the tribunal will explain to the claimant that it can make an order for reinstatement or re-engagement, and the circumstances in which they may be made

  2. if the claimant expresses a wish for an order for reinstatement or re-engagement to be made, the tribunal may make such an order (but is not obliged to do so)

  3. if an order

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Jurisdiction(s):
United Kingdom
Key definition:
Unfair dismissal definition
What does Unfair dismissal mean?

The concept that an employer has not dismissed the employee for a potentially fair reason or under a fair procedure and as such the dismissal was unfair.

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