Unfair dismissal remedies—general
Unfair dismissal remedies—general

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

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

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which provide (among other things) that any basic award, compensatory award or additional award payable to an employee who has been furloughed under the Coronavirus Job Retention Scheme (CJRS) is calculated on the basis of their normal wages, rather than a reduced furlough rate, are considered in Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments.

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

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