When a claimant is completing their ET1 form, they are required to set out the remedy that is being sought in the event that the claimant is successful before the tribunal. There are three remedies available to the claimant under Article 146 Employment Rights (Northern Ireland) Order 1996 which are as follows:

1. Reinstatement: through this remedy, an employee is reinstated and thereafter treated in all aspects as if they had not been dismissed. The employee will retain their continuity of service, pay, pension, seniority and any arrears of pay may be granted.
2. Re-engagement: if this remedy is granted, the employee is re-engaged into a different job from what was formerly held, provided that the new job is comparable to the old job or is otherwise suitable employment. Whilst the terms and conditions of the employment may vary, the continuity of service with the employer is maintained.
3. Compensation: for unfair dismissal, this remedy is comprised of two parts namely the basic award and the compensatory award which together make up the claimant’s schedule of loss:
   • Basic Award: the calculation for this is based on the employee’s age, their length of service and their gross weekly pay. The statutory maximum for this currently is £20,070. There are four ways in which this basic award can be reduced per Article 156 Employment Rights (Northern Ireland) Order 1996: unreasonable refusal by claimant of offer of reinstatement, claimant’s conduct, redundancy payment and designated dismissal procedures agreement.
   • Compensatory Award: the amount awarded shall be based on what the tribunal considers is just and equitable in all the circumstances, having regard to the loss sustained by the claimant in so far as that loss is attributable to the action taken by the employer. The statutory maximum for this currently is £105,915.

Legal Island Training Resources for Your Staff

Whistleblowing Awareness in the Workplace | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation? It is important that your employees understand the importance of whistleblowing awareness in the workplace and the legislation that exists to protect both employees and employers when people speak up against wrongdoing in the workplace. Legal Island’s Whistleblowing Awareness in the Workplace eLearning course is tailored specifically to your jurisdiction and is designed to complement your organisation’s own policies.

Click here to view our course on whistleblowing awareness in the workplace