It is relatively unusual for a tribunal to order reinstatement or re-engagement after a successful unfair dismissal claim. However, the EAT decision in Dafiaghor-Olomu v Community Integrated Care illustrates that it may be a valuable remedy for someone who needs a visa to work in the UK and that the circumstances in which re-employment might be ordered are potentially fairly wide.
The employee's visa allowing her to work in the UK was revoked following her dismissal. Although the Home Office was prepared to grant her a new visa, she needed to find an employer to sponsor her application, and this made finding a new job more difficult. After she succeeded in her unfair dismissal claim, re-employment was an attractive remedy because of this.
However, by the time of the remedy hearing, her former employer no longer provided services in Scotland, where the employee had worked. The tribunal found that this meant that re-employment was no longer practicable and refused to make an order. The employee appealed successfully. The tribunal had assumed that she would not be willing to work outside Scotland, on the basis of an incorrect understanding of her personal circumstances, and had not asked her whether she was in fact willing to do so. She had not placed any express limitations on where she was willing to work and her personal circumstances meant that she could be flexible.
Given that her former employer was a large organisation, with operations in England and Wales, it was at least possible that a job would be available outside Scotland, which might mean that re-engagement or reinstatement was practicable. The case was remitted for the tribunal to reconsider that point.