Guide

Continuous employment and employee rights

Reinstating or re-engaging an employee

If you reinstate or re-engage an employee who has complained of unfair dismissal, the weeks between the dismissal taking effect and the resuming - or starting - of work will count towards continuous employment. It works as though there had never been a dismissal, and continuity of employment is maintained.

However, this depends on the reinstatement or re-engagement arising from one of the following:

  • an order of a tribunal which has found the dismissal unfair
  • a claim made under a dismissals procedure designated by the Department for the Economy (DfE)
  • an agreement reached with the help of a Labour Relations Agency (LRA) conciliator or the LRA arbitration scheme
  • a compromise agreement under the relevant legislation
  • an applicable statutory dispute resolution procedure

See dismissing employees.

Reinstating military reservists

After a reservist has been mobilised, you must reinstate that employee in their old job on their return from service provided that:

  • the reservist applies for reinstatement in due time
  • your business continues unchanged

If you cannot reinstate the reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service.

See if a Reservist employee is called up for service.