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

Pub
  • 11 May 2026
  • Immigration

How to prepare for Sponsor Licence Compliance in 2026: Essential tips for UK employers

Join immigration experts Ruth Karimatsenga and Monica Mastropasqua for an in-depth podcast discussion on sponsor licence compliance in 2026.

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.

art
  • 06 May 2026
  • Corporate and M&A

Community Interest Companies – What do you need to know?

This article seeks to provide an overview of the CIC structure’s key characteristics, the types of enterprises it suits, and some practical tips on the application process.

art
  • 06 May 2026
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

If you have employees who bring their own devices into the workplace and use said devices to deal with company data, you may want to consider a Bring Your Own Device (“BYOD”) policy.

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.