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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    Unfair dismissal is a creature of statute (see Unfair dismissal/a general introductory note ). Therefore there are no remedies/penalties save as provided by statute. Under statute, if a Tribunal finds an employee has been unfairly dismissed there are three options open to it (see ERA 1996 s.112 and TULRCA 1992 s.157(1)), as follows:

    "Reinstatement" is essentially returning to the same job, same employer. "Re-engagement" is essentially returning to a new job with the same employer.

    See Unfair dismissal/reinstatement and reengagement orders generally and in particular Unfair dismissal/reinstatement and reengagement orders/compensation for breach of order by employer .


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    updated July2009