What happens if a tribunal says an employee should be reinstated but the employer doesn’t do it/refuses to do so? Are there mechanisms to enforce the decision?

Posted in : First Tuesday Q&A NI on 2 December 2014
Arthur Cox
Arthur Cox
Issues covered:

A reinstatement order is one of three remedies that a tribunal can award in a claim for unfair dismissal. The other two are: re-engagement and compensation. Reinstatement is where the employee is given his old job back on the same terms and conditions, and with no loss of continuity of employment.

The reinstatement order must specify the amount payable by the employer in respect of pay and other benefits lost by the employee between the date the employment ended and the date of reinstatement, the rights and privileges, including seniority and pension rights, which must be restored to the employee and the date by which the reinstatement order must be complied with.

A reinstatement order is

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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