Search

How can we help?

Icon

Re-Engagement may not be suitable if employer has lost trust in employee’s abilities

In the case of Kelly v PGA, the EAT held that an employment tribunal was wrong to make an order of re-engagement as the employer had lost trust and confidence in an employee’s ability to carry out his role, and this belief was rationally held.

The Claimant was dismissed for poor performance. The tribunal in the first instance ordered re-engagement to a different role as a remedy in respect of his dismissal.

The employer appealed and the EAT held that all evidence available at the time of the remedy hearing can be considered, and that it is not only conduct relating to the dismissal that can impact the question of re-engagement. Due to this, the EAT held that there was no reason why belief about performance or capability could not be relied upon as causing a break down in trust and confidence, and that such a break down made re-engagement inappropriate. The EAT therefore substituted an order refusing re-engagement.

EAT held that an employment tribunal was wrong to make an order of re-engagement as the employer had lost trust and confidence in an employee’s ability to carry out his role, and this belief was rationally held.

The judgement in respect of this remedy hearing provides a reminder to employers and employees of the importance of trust and confidence in an employment relationship, which is an implied term of all employment contracts. It shows that an employer’s perception of poor performance or capability may be enough to defeat a request for re-engagement meaning that actual evidence of capability issues can be irrelevant to this specific remedy.

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

About this article

Read, listen and watch our latest insights

art
  • 16 October 2025

Chambers and Partners 2026: Clarkslegal’s continued commitment to excellence

Clarkslegal is delighted to announce that we have once again been recognised by Chambers and Partners as a leading firm in their 2026 guide.

art
  • 15 October 2025
  • Immigration

Registering a child as a British Citizen: A guide to section 3(1) applications

This article explains the process of registering a child as a British citizen under section 3(1), including the eligibility criteria, the Home Office approach, and key factors that influence whether an application is approved.

art
  • 15 October 2025
  • Commercial Real Estate

A commercial lease in England: a few essential points to consider

Thinking about a commercial lease in England? Whether your lease is short or long, here are five essential clauses to keep in mind during negotiations.

art
  • 13 October 2025
  • Privacy and Data Protection

AI and Data Protection: key legal developments in 2025 – 2026

The rapid integration of artificial intelligence into the workplace continues to reshape how organisations manage data, recruitment, and decision-making. Alongside this technological shift, UK and international regulators are introducing new legal frameworks designed to balance innovation with accountability.

Pub
  • 13 October 2025
  • Immigration

Spouse Visa UK Guide 2025

Our immigration solicitors have a proven track record of obtaining fiancé, spouse and unmarried partner visa for applicants wishing to come to the UK as the partner of a British/ Irish citizen or person present and settled in the UK.

Pub
  • 13 October 2025
  • Employee Ownership Trust

Get your tech business ready for market

We recommend taking the following steps to ensure your business is best placed to capitalise upon a quick and efficient sale process.