Ormrod, LJ discussed the making of an order for re-instatement after an unfair dismissal finding, saying: ‘Miss Nothman has mentioned in her proposed Notice of Appeal (and from time to time touched on it in this Court) what she believes to be the background of this case, that is her belief that there has been a long-standing conspiracy against her. We have made it clear in this Court that we cannot investigate that. It is only right to say that anyone who believes that they are a victim of conspiracy, and particularly by their employers, is not likely to be a satisfactory employee in any circumstances if reinstated or re-engaged. In my judgment the Employment Appeal Tribunal – and as my Lord in the course of argument has pointed out it is not just Mr Justice Slynn but he and two very experienced members of the Tribunal – came to the conclusion that it was in their words ‘impossible to order reinstatement’. Then in the next sentence the judgment continues:
‘We are not aware of any other vacancy which the authority would consider suitable for her. Her application for an order for reinstatement is refused.’
In my judgment there is no possible way in which that exercise of their discretion by the Employment Appeal Tribunal can be challenged in this case. It seems to me, speaking for myself, an absolutely inevitable conclusion. This legislation is not designed to enable complainants to re-establish their reputation or vindicate their reputation or anything of that kind. It is concerned with whether they were fairly or unfairly dismissed and once a conclusion is reached that they were unfairly dismissed, the question is how reasonably and most sensibly to compensate the unfairly dismissed employee.’
Sir David Cairns said: ‘When Miss Nothman made her application for leave to appeal, it was dealt with by Mr Justice Slynn on behalf of the Employment Appeal Tribunal in this way. He refused Miss Nothman’s application for leave to appeal to the Court of Appeal and said:
‘Our decision not to order reinstatement is an exercise of our discretion based on our assessment of the facts of the case. We do not consider that her wish to appeal on the conspiracy issue raises a matter of law; it raises a question of fact.’
Those are observations with which I entirely agree . .’
Judges:
Ormorod LJ, Sir David Cairns
Citations:
[1980] IRLR 65
Jurisdiction:
England and Wales
Citing:
See Also – Nothman v Barnet London Borough County Council HL 1978
The normal retiring age for an employee is to be found by looking exclusively at the conditions of employment applicable to the group of employees holding his position.
Lord Salmon said: ‘If a woman’s conditions of employment provide that her . .
Cited by:
Cited – Wood Group Heavy Industrial Turbines Ltd v Crossham EAT 1998
Re-instatement may be inappropriate where an employer has lost confidence in an employee. The Employment Tribunal’s order for re-engagement was set aside where the Respondent genuinely believed that the Claimant was using and dealing in drugs in the . .
Distinguished – Wolff v Oasis Community Learning (Unfair Dismissal : Reinstatement/Re-Engagement) EAT 17-May-2013
EAT UNFAIR DISMISSAL – Reinstatement/Re-engagement
Claimant a teacher working for an institution responsible for schools in different parts of the country – Held to have been unfairly dismissed – In . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 May 2022; Ref: scu.509334