Part V Unfair Dismissal
Remedies for unfair dismissal
70 Supplementary provisions relating to s. 69.
(1)
Where in any case an employer has engaged a permanent replacement for a dismissed employee, the tribunal shall not take that fact into account in determining, for the purposes of subsection (5)(b) or (6)(b) of section 69, whether it is practicable to comply with an order for reinstatement or re-engagement unless the employer shows—
(a)
that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement; or
(b)
that he engaged the replacement after the lapse of a reasonable period, without having heard from the dismissed employee that he wished to be reinstated or re-engaged, and that when the employer engaged the replacement it was no longer reasonable for him to arrange for the dismissed employee’s work to be done except by a permanent replacement.
(2)
In calculating for the purpose of subsection (2)(a) or (4)(d) of section 69 any amount payable by the employer, the tribunal shall take into account, so as to reduce the employer’s liability, any sums received by the complainant in respect of the period between the date of termination of employment and the date of reinstatement or re-engagement by way of—
(a)
wages in lieu of notice or ex gratia payments paid by the employer;
(b)
remuneration paid in respect of employment with another employer;
and such other benefits as the tribunal thinks appropriate in the circumstances.