C4C5C6C7C8C9C10C11C12C13C14C15C16C17Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C4

Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C5

Pt. 10 (ss. 94-134) applied for certain purposes (14.8.2000) by S.I. 2000/1828, art. 2

Pt. 10 (ss. 94-134) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 95

C8

Pt. 10 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 7

C3Chapter II Remedies for unfair dismissal

Annotations:
Modifications etc. (not altering text)

Orders for reinstatement or re-engagement

C1C2117 Enforcement of order and compensation.

1

An F1employment tribunal shall make an award of compensation, to be paid by the employer to the employee, if—

a

an order under section 113 is made and the complainant is reinstated or re-engaged, but

b

the terms of the order are not fully complied with.

2

Subject to section 124 F2. . ., the amount of the compensation shall be such as the tribunal thinks fit having regard to the loss sustained by the complainant in consequence of the failure to comply fully with the terms of the order.

F32A

There shall be deducted from any award under subsection (1) the amount of any award made under section 112(5) at the time of the order under section 113.

3

Subject to subsections (1) and (2) F2. . ., if an order under section 113 is made but the complainant is not reinstated or re-engaged in accordance with the order, the tribunal shall make—

a

an award of compensation for unfair dismissal (calculated in accordance with sections 118 to F4126), and

b

except where this paragraph does not apply, an additional award of compensation of F5an amount not less than twenty-six nor more than fifty-two weeks’ pay,

to be paid by the employer to the employee.

4

Subsection (3)(b) does not apply where—

a

the employer satisfies the tribunal that it was not practicable to comply with the order, F6. . .

F6b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

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 (4)(a) whether it was practicable to comply with the order for reinstatement or re-engagement unless the employer shows that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement.

8

Where in any case an F8employment tribunal finds that the complainant has unreasonably prevented an order under section 113 from being complied with, in making an award of compensation for unfair dismissal F9. . . it shall take that conduct into account as a failure on the part of the complainant to mitigate his loss.