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
Emma-Jane Flannery
Arthur Cox

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

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

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery