Reinstating or re-engaging an employee
Conditions when reinstating or re-engaging an employee after they have been unfairly dismissed classes as continuous employment.
If you reinstate or re-engage an employee who has complained of unfair dismissal, the weeks between the dismissal taking effect and the resumption of work will count towards continuous employment. It works as though there had never been a dismissal, and continuity of employment is maintained.
However, this depends on the reinstatement or re-engagement arising from one of the following:
- an order of a tribunal which has found the dismissal unfair
- a claim made under a dismissals procedure designated by the Department for the Economy (DfE)
- an agreement reached with the help of a Labour Relations Agency (LRA) conciliator or the
- a compromise agreement under the relevant legislation
- an applicable statutory dispute resolution procedure
See dismissing employees.
Reinstating military reservists
After a reservist has been mobilised, you must reinstate that employee in their old job on their return from service provided that:
- the reservist applies for reinstatement in due time
- your business continues unchanged
If you cannot reinstate the reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service.