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10 February 2014 0 Comments
Posted in Employment, Opinion

Reinstatement – unconditional

Author headshot image Posted by , Partner

In a case which was reported in an earlier addition of the Update in the lower courts, McBride v Strathclyde Police Joint Board (subsequently Scottish Police Services Authority), the Court of Session Inner House has overturned a Tribunal Order on reinstatement which had conditions attached to it, on the findings that the Claimant had been unfairly dismissed. The Tribunal had misunderstood the statutory provisions under which the Claimant could only be returned to her contractual role and had reinstated her on the basis that she carry out restricted duties.

The Court of Session held that a reinstatement order could not be made subject to conditions and, as the Claimant was not interested in re-engagement, the case was remitted to a Tribunal to consider compensation.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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