The case of Mackenzie v The University of Cambridge considered whether an employee who had been unfairly dismissed could seek an injunction ordering re-engagement or reinstatement. The Court of Appeal held that the employee could not.
On the facts, the Claimant had been unfairly dismissed and the Employment Tribunal made an order for re-engagement. The University refused to re-engage the Claimant and, instead, offered to pay her the maximum amount of compensation instead. The Claimant sought a court order requiring the University to comply with the order of re-engagement. The Court of Appeal refused this request which was effectively seeking an injunction ordering compliance with the re-engagement.
Re-engagement is exclusive to the jurisdiction of Employment Tribunals. The only remedy for the employer's failure to comply with an order for re-engagement was a liability on the employer to pay an additional award under the Employment Rights Act 1996. The Claimant could not force the re-engagement through the Courts.
First published Jul 4, 2019.
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