(1)This section applies where, on a complaint under section 111, an employment tribunal finds that the grounds of the complaint are well-founded.
(2)The tribunal shall—
(a)explain to the complainant what orders may be made under section 113 and in what circumstances they may be made, and
(b)ask him whether he wishes the tribunal to make such an order.
(3)If the complainant expresses such a wish, the tribunal may make an order under section 113.
(4)If no order is made under section 113, the tribunal shall make an award of compensation for unfair dismissal (calculated in accordance with sections 118 to 126 . . .) to be paid by the employer to the employee.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 112 29
[2014] EWCA Civ 72 · 5 February 2014
Applies the remedial framework requiring consideration of reinstatement or re-engagement before compensation where an unfair-dismissal complaint succeeds. (see paras [29], [33])
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[2003] EWCA Civ 527 · 11 April 2003Interprets
The tribunal must explain the available reinstatement and re-engagement orders and their governing circumstances. The structure supports the conclusion that unfair dismissal remedies are primarily personal. (see paras [7]; [22])
Where the complainant requests reinstatement or re-engagement, the tribunal has power to make such an order. This reinforces the personal nature of the statutory claim. (see paras [7]; [22])
Compensation is to be awarded where neither reinstatement nor re-engagement is ordered. Its place after the personal remedies did not convert the claim into a proprietary asset. (see paras [8]; [22]-[25])
[2019] UKEAT 0224_18_3107 · 31 July 2019Interprets
The provision requires a Tribunal, after finding dismissal unfair, to explain and consider reinstatement or re-engagement before proceeding to compensation. It creates a temporal priority, not a presumption favouring either remedy.
9 more judgments, and what each says about section 112, are in the
case-law panel in the full Act.