Re-instatement and re-engagement following a tribunal

Once an employee has gained one year's service with an employer, they are able to receive additional rights. These rights expand the area of reasoning for which an employee can bring about a Tribunal claim against their employer.

After one year's service, a Tribunal can order reinstatement or re-engagement.

Re-instatement involves the employer resuming their old role within the company whilst re-engagement would involve the employee taking up a different role with the same employer.

Compensation can also be awarded by a Tribunal; with the figure rising as high as £76,700.

However should an employer choose not to comply with a re-engagement or re-engagement order, the amount a Tribunal can award is unlimited and this final figure can also include an additional award of up to £19,760.

An employer would risk this type of award should they lose a Tribunal case for the following reasons:

• Unfair dismissal/constructive dismissal
• Unfair selection for redundancy or failure to consult in redundancy situations with individual employees
• Dismissal arising out of the transfer of undertakings regulations

Also, should an employer fail to issue written reasons for dismissal, an employee with one year’s service may be awarded two weeks of actual pay.

To avoid confusion with redundancies, Peninsula offers redundancy advice for UK companies.