Employment Law – Update 1

RE-ENGAGEMENT AND RE-INSTATEMENT IN PRACTICE

Rachel Bermingham -v- Marks and Spencer Limited

In the Decision of Rachel Bermingham -v- Marks and Spencer Limited (the “Company”), the Employment Appeals Tribunal (the “Tribunal”) ordered the Company to re-engage its former employee from the date of the determination of the Tribunal. This effectively meant that the Claimant was put back into the position she held prior to the dismissal. The Tribunal also determined that her continuity of employment was preserved. Continue reading