Search

How can we help?

Icon

Ordering reinstatement on reduced duties can be permitted

In practice, although reinstatement (and reengagement) orders are theoretically the first remedy that should be considered by a tribunal, they are ordered in less than 1% of cases.  That being said, in the minority of cases in which they are considered, unlike re-engagement, a tribunal has no power to order reinstatement on terms which alter the contractual terms of employment.   However, the tribunal can recognise external factors beyond the employer and employee’s control which limit the employee’s scope of work says the Supreme Court in the recent case of McBride v Scottish Police Authority.

The Claimant in this case was a fingerprint expert employed by the Scottish police authority who had given evidence in court based on incorrect findings. After an inquiry concluded that the mistake she made was not due to misconduct or capability, the Claimant was allowed to return to work but on restricted duties which, excluded her from giving evidence in court as the reliability of her evidence would likely be called into question. She was later dismissed and successfully brought a claim for unfair dismissal.  However, unlike many other Claimants, she requested to be reinstated (rather than re-engaged) to her role as Fingerprint Officer.  The tribunal, as per the Claimants’ request, ordered reinstatement on the basis that she would not be signing reports or attending court to give evidence (i.e. reinstated to a non-court going fingerprint officer role).  The employer argued that this was a variation of her contractual duties and therefore not permitted under the rules of reinstatement.  Following various appeals, the Supreme Court held that the tribunal was not imposing contractual limitations on the reinstatement order by removing certain duties, but simply recognising practical limitations: if prosecutors would not use the Claimant in court there was nothing her employer could do to give her such duties. The Claimant had worked for several years as a Fingerprint Officer without being asked to sign reports or give evidence in court and therefore, in the Supreme Court’s view, the reinstatement order simply returned her to that status quo.  There was no evidence that such restriction would be in breach of contract.

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

Although reinstatement is rarely requested following a dismissal, this case clearly widens the net and employers could, in theory, find themselves reinstating an employee with reduced duties.

Employmentbuddy.com 

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 19 May 2026
  • Privacy and Data Protection

New Complaints Procedure for Data Protection Coming in June – Are You Ready?

The Data (Use and Access) Act 2025 (the “Act”) received Royal Assent last year and introduces slight reforms to the UK’s data protection regime.

art
  • 18 May 2026
  • Commercial Real Estate

Land Registry title to property mines and minerals

Depending on the location of the property, it is quite common in parts of England and Wales for a property title to contain a reference to mines and minerals, and for these to be excluded from the surface owner’s ownership in favour of another party.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.