Re-engagement-Re-engagement is a form of redress where an employee has successfully claimed that they have been unfairly dismissed. This redress essentially means that the employee is to be re-engaged by their employer. The employee is not entitled to return to the same role and they would normally be re-engaged in a new role on comparable terms and conditions to their old role. Importantly, the employee is not entitled to arrears of wages from the date of dismissal to the date of re-engagement
This remedy is normally awarded where the employee is deemed to have contributed to their dismissal in some way, notwithstanding that they were successful in their claim.
Re-instatement-Re-instatement is a form of redress where an employee has successfully claimed that they have been unfairly dismissed. This is the ultimate vindication of an employee as it essentially means that the employee is deemed entirely blameless in respect of their dismissal.
Re-instatement requires the employer to return the employee to their old role on the same terms and conditions. The employee is also entitled to any benefits that they would have accrued from the date of dismissal to the date of re-instatement.
Importantly, an employee is entitled to full arrears of wages where re-instatement has been ordered.
Resignation-A resignation occurs where an employee submits a notice, verbal or otherwise, to their employer that they are resigning from their position with that employer, thereby terminating the contract of employment.It is always disappointing to lose good people but it is also part and parcel of running a business. It is important wherever possible to treat a departing employee well so as to avoid any reputational damage or negative talk whilst they are working out their notice or once they have left.
Equally it is always important to establish why an employee is leaving to check that there are no deeper problems within the organisation which could be nipped in the bud or resolved before they get out of hand. Also it is essential to ensure the resignation does not mask a deeper grievance which could lead to a future claim against the company. Thus employers should always ask employees to set out their resignation in writing and should seek to introduce practices such as ‘Exit Interviews’.
Return To Work Interviews- Return-to-work interviews are held with an employee after they have been on a period of sick leave. Return-to-work interviews can be an effective tool in helping employees make the transition to return back to the workplace after, for example, maternity, paternity or adoption leave or long term sickness.
They enable the employee to have an opportunity to air any concerns or anxieties they may have in relation to their return to the workplace and may help reduce future absence levels by identifying potential issues before they develop.
