An order under this section may be—
(a)an order for reinstatement (in accordance with section 114), or
(b)an order for re-engagement (in accordance with section 115),
as the tribunal may decide.
Cases considering section 113 24
Relaxion Group plc (Respondents) v. Rhys-Harper (FC) (Appellant) D'Souza (Appellant) v. London Borough of Lambeth (Respondents) Jones (Appellant) v. 3M Healthcare Limited (Respondents) and three other actions
Forms part of the statutory reinstatement regime. A reinstatement order restores the employee on the terms specified by the tribunal; it is not an offer of new employment. (see paras [50]; [125]; [177]) Lord Hope referred to this provision as the source of the tribunal's reinstatement order. The order required restoration on specified terms rather than an offer of employment. (see para [125])
MacKenzie v The University of Cambridge (Rev 1)
Interprets a section 113 order as operating subject to section 117’s statutory consequences, rather than as a specifically enforceable order for actual employment. (see paras [10], [20]-[25])
Wolff v Oasis Community Learning
Section 113 identifies reinstatement and re-engagement as orders which the Tribunal may make. The EAT held that the discretion under this provision remains general, subject to the statutory factors. (see para [33])
- Oasis Community Learning v Wolff
- Afolayan v MRCS LTD
- Nicolson Highlandwear Ltd v Nicolson
- Royal Mail Group Ltd v Jhuti
- Dunnachie (Respondent) v. Kingston-upon-Hull City Council (Appellants)
- Kelly v PGA European Tour
- Timis & Anor v Osipov & Anor
- Hazel & Anor v The Manchester College
- Rank Nemo (DMS) Ltd & Ors v Coutinho
- South Tyneside Healthcare NHS Trust v Awotona
- DHL Services Limited v Pawel Ignatowicz
- Kelly v PGA European Tour
- Phoenix House Limited v Stockman
- Oxford Health NHS Foundation Trust v Laakkonen & Ors
- First Glasgow Ltd v Robertson
- King v Royal Bank Of Canada Europe Ltd
- HM Inspector of Taxes v Clayton
4 more judgments, and what each says about section 113, are in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Modifications
- C134S. 113 restricted (24.4.2000) by 1992 c. 52, s. 239(4)(a) (as added (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4(5); S.I. 2000/875, art. 2 (with transitional provision in art. 3))