Continuous employment and employee rights

If you reinstate or re-engage an employee who has complained of unfair dismissal, the weeks between the dismissal taking effect and the resumption of work will count towards continuous employment. It works as though there had never been a dismissal, and continuity of employment is maintained.

However, this depends on the reinstatement or re-engagement arising from one of the following:

• an order of a tribunal which has found the dismissal unfair
• a claim made under a dismissals procedure designated by the Department for the Economy (DfE)
• an agreement reached with the help of a Labour Relations Agency (LRA) conciliator or the LRA arbitration scheme
• a compromise agreement under the relevant legislation
• an applicable statutory dispute resolution procedure

See dismissing employees.

Reinstating military reservists

After a reservist has been mobilised, you must reinstate that employee in their old job on their return from service provided that:

• the reservist applies for reinstatement in due time
• your business continues unchanged

If you cannot reinstate the reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service.

See if a Reservist employee is called up for service.