(1)An order for re-engagement is an order, on such terms as the tribunal may decide, that the complainant be engaged by the employer, or by a successor of the employer or by an associated employer, in employment comparable to that from which he was dismissed or other suitable employment.
(2)On making an order for re-engagement the tribunal shall specify the terms on which re-engagement is to take place, including—
(a)the identity of the employer,
(b)the nature of the employment,
(c)the remuneration for the employment,
(d)any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal (including arrears of pay) for the period between the date of termination of employment and the date of re-engagement,
(e)any rights and privileges (including seniority and pension rights) which must be restored to the employee, and
(f)the date by which the order must be complied with.
(3)In calculating for the purposes of subsection (2)(d) any amount payable by the employer, the tribunal shall take into account, so as to reduce the employer’s liability, any sums received by the complainant in respect of the period between the date of termination of employment and the date of re-engagement by way of—
(a)wages in lieu of notice or ex gratia payments paid by the employer, or
(b)remuneration paid in respect of employment with another employer,
and such other benefits as the tribunal thinks appropriate in the circumstances.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 115 22
[2021] EWCA Civ 559 · 19 April 2021Defines
Section 115 provides the statutory basis for an order of re-engagement in comparable or other suitable employment.
Re-engagement means engagement by the employer, a successor or an associated employer in employment comparable to the former employment or other suitable employment.
An order must specify the terms on which re-engagement is to take place.
The tribunal must specify the nature of the employment in the re-engagement order.
The tribunal must specify the date by which the re-engagement order must be complied with.
[2019] EWCA Civ 1060 · 20 June 2019Interprets
Interprets an order for re-engagement, read with section 117, as not creating an absolute, specifically enforceable right to employment. (see paras [11], [20]-[25])
Interprets the statutory order for re-engagement in its context, holding that its wording does not create an indefeasible right to actual employment. (see paras [11], [20], [25])
Cited to explain that the tribunal must specify the terms on which re-engagement is to take place. It did not create a separate basis for specific enforcement. (see para [11])
Applies to the inclusion of arrears of pay and other benefits in the terms of a re-engagement order. The provision did not alter the statutory consequences of non-compliance. (see paras [11], [26])
[2014] EWCA Civ 72 · 5 February 2014Interprets
Applies the re-engagement power to permit prospective engagement on terms determined by the tribunal, including remuneration and restoration of benefits. (see paras [30], [41]-[42])
Interprets re-engagement as an order that the complainant be engaged on terms decided by the tribunal, so existing employment under replacement terms does not create a jurisdictional bar. (see para [41])
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Confirms that arrears of pay and other lost benefits are dealt with as part of the re-engagement order for the period between dismissal and re-engagement. (see paras [30], [41])
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3 more judgments, and what each says about section 115, are in the
case-law panel in the full Act.