Unfair dismissal remedies—general
Unfair dismissal remedies—general

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Unfair dismissal remedies—general
  • Reinstatement and re-engagement
  • Award for compensation
  • Interim relief
  • Conciliation

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 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 for reinstatement or re-engagement is not made (whether because the claimant does not wish it, or the tribunal decides not to make such an order), then the tribunal will make an award of compensation (ie the basic award and the compensatory award)

  4. if the tribunal makes an order for reinstatement or re-engagement, but the