Re-instatement and re-engagement following a tribunal

09 July 2019

Once an employee has gained one year's service with an employer, they are able to receive additional rights that 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 re-instatement 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:

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.

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