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Unfair dismissal remedies: Re-engagement cannot be on more favourable terms

This report relates to 1 case(s)

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    Rank Xerox (UK) Ltd v Stryczek [1995] IRLR 568 EAT (0 other reports)

In Rank Xerox (UK) Ltd v Stryczek, the EAT holds that it is not permissible for an industrial tribunal to make an order for re-engagement on significantly more favourable terms than the unfairly dismissed employee would have enjoyed if reinstatement had been ordered.

Section 69(1) of the Employment Protection (Consolidation) Act 1978 provides that an industrial tribunal, following a finding of unfair dismissal, may make an order for reinstatement or re-engagement.