Wanted: Practicability and precision for re-engagement orders

The Employment Appeal Tribunal (EAT) found that, whilst it was open to the Tribunal to consider wider re-engagement than that specifically claimed, the approach taken by the Tribunal was procedurally flawed as the Council did not have the opportunity to present evidence and make submissions as to the suitability of the wider roles. The EAT also found that the Tribunal had not properly considered whether it was practicable to re-engage the Claimant in the wider sense; it had limited its considerations to the fact that the employer was the largest in the area and that schools could accommodate term time working.  Finally the EAT found that reference to a ‘comparable’ role did not meet the level of detail and precision required when making an order for re-engagement.  The re-engagement order was repealed and the case remitted back to the same Tribunal to re-consider the point.

This case is a useful reminder that, whilst Tribunals have a wide discretion in this area, they need to properly consider the practicality of re-engagement and ensure any re-engagement terms are expressed with a suitable degree of detail and precision. Where a Claimant is seeking re-engagement they should identify potential roles and highlight any relevant role related information (such as available working hours and experience) so that an employer may satisfactorily comment on the ability of the Claimant to undertake such roles.