HR tip: Reinstatement and re-engagement

HRD & Payroll Solutions continues to bring HRZone.co.uk members a range of HR and payroll tips in 2008. A market leader in the provision of HR and Payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HRZone.co.uk highly recommends that any tips are taken as a starting point for guidance only.

Question:
"If, as seems likely, we lose a case of unfair dismissal at an upcoming employment tribunal, and the tribunal requires us to take the employee back, are we obliged to do so? And what is the difference between reinstatement and re-engagement?"

HR tip:
Reinstatement means that you put the employee back into her old job. Re-engagement means that you take her back, but not necessarily into the same job, though it should be something similar in terms of skill required and salary.

The tribunal will award one of these only if the employee wants it and the tribunal considers it reasonable. You cannot be forced to take the employee back but, if you refuse the tribunal's demand, the compensation will be increased greatly.

Previous HR and Payroll tips:

June 2008
Lateness and absence caused by transport strike

May 2008
Pets at work
Calculating pay-in-lieu of notice
New recruit fails to arrive
Recovering training costs from departing employee
Employing husband and wife in same unit

April 2008
Employee relocation
Does raising standards require new contract?
Return after redundancy
Mobile phone use

March 2008
Proof of drunkenness
Satisfactory references
Time off for funerals
Redundancy – bumping

February 2008
Companion at informal warning
Advising retirement age employees of their rights
Alcohol on site
Lawful discrimination

January 2008
Reducing company car standard
The disappearing employee
Pre-employment medicals
Monitoring bullying
Controlling absence

2007 tips

2006 tips

Story read 1690

	Mail this article to a friend
	Printer friendly version
	Add comments to this article

User comments

Add comments and share your views with other users.  Please read these notes