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.