Reinstatement

Put simply this means that the employer must take the employee back in the same job.

Reinstatement is one of the remedies for unfair dismissal. The other two are re-engagement and a compensatory award. In reality reinstatement and re-engagement would rarely be awarded by a tribunal due to the administrative difficulty of policing them and secondly because by this time any relationship between the parties is likely to have broken down.

 

The other features of reinstatement are that the effect is as if the employee had not been dismissed; continuity of employment is protected and the individual is entitled to back pay and any improvements in terms and conditions he or she would have received had it not been for the unfair dismissal.

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