Unsolicited telephone calls misusing our name - We do not nuisance cold call -
Have a question? Call us on 0800 1979 345
This article was published on July 3rd, 2019
If an employee wins their unfair dismissal claim, a tribunal can order compensation. They also have the power to order reinstatement (to the old job) or reengagement (to a comparable job). A tribunal might not make such an order if it is not ‘practicable’, for example if the relationship between employer and employee has broken down completely. But what happens when a tribunal orders reengagement but the employer refuses – can the employee force the employer to reengage them?
The Court of Appeal looked at this issue recently in McKenzie v University of Cambridge. The employee was a law lecturer. She was unfairly dismissed and sought reengagement, which the tribunal ordered. The employer refused and paid her compensation instead. The employee brought a claim in the High Court, asking them to force the employer to reengage her. The matter ended up in the Court of Appeal.
The Court of Appeal said that the employee had no right to ask the High Court to force the employer to reengage her. Unfair dismissal claims must be dealt with exclusively in the employment tribunal, not other courts. It was not possible to force an employer to reengage an employee anyway. If an order for reengagement (or reinstatement) is made, but the employer refuses, the remedy is an ‘additional award’ of between 26 and 52 weeks’ pay. The University had already paid the employee that sum, without any need for her to return to the tribunal to enforce that. The matter was therefore closed.
This judgment is good news for employers who are ordered to reinstate or reengage a potentially troublesome employee. An employee cannot insist on that happening, but it might cost the employer extra money. It’s worth noting that the additional award replaces the normal compensation for unfair dismissal, so the employee does not benefit from double recovery.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected]ts.co.uk or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×