Kim Crangle secures rare order for reinstatement in the employment tribunals

Kim Crangle, a specialist employment solicitor in Pattinson & Brewer’s employment team, represented Mr E in successful claims for unfair and wrongful dismissal, backed by the GMB Union.

Mr E brought claims for unfair and wrongful dismissal. His case was joined with six other claimants and heard across five days at the Central London Employment Tribunal.

Employment Judge Snelson first considered our application to strike out the respondent’s defence on the grounds that they had failed to comply with a number of tribunal orders. This application succeeded and the tribunal held that Mr E had been unfairly dismissed.

The tribunal judge then considered remedy. After considered submissions from all represented parties, he ordered that Mr E and the other claimants be reinstated and dismissed the respondent’s submissions that it was not practicable to do so. In 2016-2017, reinstatement was ordered in just 0.033% of all cases in the employment tribunals.

This remedy entitled Mr E and the other claimants to be reinstated in their former roles and to recover back pay from the date of their dismissal. The respondent has agreed to comply with the order for reinstatement and Mr E expects to be back at work before December 2019.

The exact value of the compensation owing is yet to be finalised but we expect the respondent to owe the claimants several hundred thousand pounds in total. Our client Mr E is owed two years’ worth of back pay. A further hearing is listed in the New Year to deal with any outstanding issues concerning remedy and to hear an application for costs.

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