Reinstatement

Case 5: The facts

Louise Finlay was unfairly dismissed and awarded compensation. She raised the question of reinstatement at her tribunal hearing, but not at the remedies hearing. She applied for a review of the tribunal's decision not to order reinstatement but this was refused, and the tribunal said that reinstatement would not be appropriate because of the time that had elapsed and because working relationships had deteriorated.

The ruling

The Employment Appeal Tribunal held that the tribunal should have considered the issue of reinstatement in much greater depth and heard the views of both parties before coming to its decision. The refusal to grant a review of the decision was an error of law, and the case was remitted to the tribunal to consider remedy and the claim for reinstatement.

Finlay v The Governors of Fettes Trust EATS/0086/03