First Glasgow Ltd v Robertson - Reinstatement: tribunal wrong to rely on "judicial knowledge" of ongoing recruitment as indication of practicality [2012] EAT
If an employment tribunal is considering make an order for re-instatement, there is neither a statutory presumption that it is practicable nor any onus on the employer to show that it is not. Such an order simply should not be made without first being raised with both parties.
An employment tribunal found that bus driver Mr Robertson had been unfairly dismissed. He had interfered with the CCTV in the driver's cab, but other drivers who had done this received final warnings. This disparity of treatment was not the action of a reasonable employer, ruled the tribunal, and hence the dismissal was unfair.
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