Unfair Dismissal – Reinstatement*
An interesting case on this arose in case ADJ/00019429. In this case the employer argued that there was a genuine redundancy. The Adjudication Officer held against the company on this point. The employer argued that there was then a breakdown in trust and confidence.
The Adjudication Officer importantly pointed out that a break down in trust and confidence suggests that there was some sort of contribution by the complainant to the situation. The Adjudication Officer points out that the respondent employer argued that the reason for the dismissal was a genuine redundancy. The Adjudication Officer importantly pointed out that this assertion alone negates the argument that there was a breach of trust and confidence surrounding the termination of employment. As redundancy, though it is not set out in the decision, is to deal with a position or job and not the individual it is impersonal and therefore if employers are going to argue that there was a redundancy situation which is then overturned it is, in our opinion, not realistic for them the argue against reinstatement on the basis of there was a breach of trust and confidence.
The decision of the Adjudication Officer makes absolute sense.
An employer who is arguing that there has been a breach of trust and confidence cannot at the same time argue that there was a genuine redundancy.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.