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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 31

31.(1) Where on a complaint under Article 29 an industrial tribunal finds that
the grounds of the complaint are well-founded, it shall explain to the
complainant what orders for reinstatement or re-engagement may be made under
this Article and in what circumstances they may be made, and shall ask him
whether he wishes the tribunal to make such an order, and if he does express
such a wish the tribunal may make an order under this Article.

(2) An order under this Article may be an order for reinstatement (in
accordance with paragraphs (3) and (4)) or an order for re-engagement (in
accordance with paragraph (5)), as the tribunal may decide, and in the latter
case may be on such terms as the tribunal may decide.

(3) An order for reinstatement is an order that the employer shall treat the
complainant in all respects as if he had not been dismissed, and on making
such an order the tribunal shall specify

(a)any amount payable by the employer in respect of any benefit which the
complainant might reasonably be expected to have had but for the dismissal,
including arrears of pay, for the period between the date of termination of
employment and the date of reinstatement;

(b)any rights and privileges, including seniority and pension rights, which
must be restored to the employee; and

(c)the date by which the order must be complied with.

(4) Without prejudice to the generality of paragraph (3), if the complainant
would have benefited from an improvement in his terms and conditions of
employment had he not been dismissed, an order for reinstatement shall require
him to be treated as if he had benefited from that improvement from the date
on which he would have done so but for being dismissed.

(5) An order for re-engagement is an order that the complainant be engaged by
the employer, or by a successor of the employer or by an associated employer,
in employment comparable to that from which he was dismissed or other suitable
employment, and on making such an order the tribunal shall specify the terms
on which re-engagement is to take place including

(a)the identity of the employer;

(b)the nature of the employment;

(c)the remuneration for the employment;

(d)any amount payable by the employer in respect of any benefit which the
complainant might reasonably be expected to have had but for the dismissal,
including arrears of pay, for the period between the date of termination of
employment and the date of re-engagement;

(e)any rights and privileges, including seniority and pension rights, which
must be restored to the employee; and

(f)the date by which the order must be complied with.

(6) In exercising its discretion under this Article the tribunal shall first
consider whether to make an order for reinstatement and in so doing shall take
into account the following considerations, that is to say

(a)whether the complainant wishes to be reinstated;

(b)whether it is practicable for the employer to comply with an order for
reinstatement;

(c)where the complainant caused or contributed to some extent to the
dismissal, whether it would be just to order his reinstatement.

(7) If the tribunal decides not to make an order for reinstatement it shall
then consider whether to make an order for re-engagement and if so on what
terms; and in so doing the tribunal shall take into account the following
considerations, that is to say

(a)any wish expressed by the complainant as to the nature of the order to be
made;

(b)whether it is practicable for the employer or, as the case may be, a
successor or associated employer to comply with an order for re-engagement;

(c)where the complainant caused or contributed to some extent to the
dismissal, whether it would be just to order his re-engagement and if so on
what terms;

(8) Where in any case an employer has engaged a permanent replacement for a
dismissed employee the tribunal shall not take that fact into account in
determining, for the purposes of paragraph (6)(b) or (7)(b) whether it is
practicable to comply with an order for reinstatement or re-engagement unless
the employer shows

(a)that it was not practicable for him to arrange for the dismissed employee's
work to be done without engaging a permanent replacement; or

(b)that he engaged the replacement after the lapse of a reasonable period,
without having heard from the dismissed employee that he wished to be
reinstated or re-engaged, and that when the employer engaged the replacement
it was no longer reasonable for him to arrange for the dismissed employee's
work to be done except by a permanent replacement.

(9) In calculating for the purpose of paragraph (3)(a) or (5)(d) any amount
payable by the employer the tribunal shall take into account, so as to reduce
the employer's liability, any sums received by the complainant in respect of
the period between the date of termination of employment and the date of
reinstatement or re-engagement by way of

(a)wages in lieu of notice or ex-gratia payments paid by the employer;

(b)remuneration paid in respect of employment with another employer;

© 1976 Crown Copyright

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