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Unfair dismissal remedies: Re-engagement may be practicable despite allegations in tribunal proceedings

This report relates to 1 case(s)

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    Cruickshank v London Borough of Richmond EAT/483/97 (0 other reports)

An employment tribunal failed in its statutory duty to consider the possibility of reinstatement of an unfairly dismissed employee, and did not give fair and proper consideration to the question of re-engagement, holds the EAT in Cruickshank v London Borough of Richmond 2.12.97 EAT 483/97. In upholding the employee's appeal against the tribunal's decision on remedy, the EAT criticises the tribunal for placing too much emphasis on the employee's conduct in making what it considered were unfounded allegations during the course of the proceedings in deciding that trust and confidence between the parties had broken down and it would not be practicable for the employer to comply with an order for re-engagement.