Supreme Court confirms reinstatement order for Scottish fingerprints expert

Publication: People Management

The remedy for a successful unfair dismissal claim is usually compensation but employment tribunals do have alternative remedies available, notably reinstatement and re-engagement. These are awarded in less than 1 per cent of cases, and are often overlooked, but they can be significantly more advantageous for a claimant from a financial perspective and much more of a management headache for employers.

The recent case of McBride v Scottish Police Authority [2016] is a reminder of the circumstances in which a reinstatement order can be made. The facts are unusual, but the case does inficiate the flexibility that tribunals may adopt when looking at the role to which the employee is returning and a reminder of the problems this may cause.

A reinstatement order requires to re-employ the dismissed in his or her previous job. The employees must be treated in…

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