Unfair dismissal example cases

Mr Smith was dismissed after he could not provide a urine sample during a workplace drug and alcohol test.

The employer treated this as misconduct and said he had failed to comply with testing requirements.

The tribunal later found he had not deliberately refused or tried to avoid the test.

Medical evidence showed he had paruresis, sometimes called shy bladder syndrome, which explained why he could not provide the sample at the time.

The tribunal had already decided the dismissal was unfair.

When the case moved to remedy, it looked at whether Mr Smith should return to his old job.

Network Rail argued that reinstatement was not practical because of trust and confidence concerns, its internal drugs and alcohol policy, and the Sentinel card system.

The tribunal rejected those arguments and found that reinstatement was practicable.

The tribunal ordered that Mr Smith be reinstated to his role as Team Leader Track Inspections at Havant Depot.

It also dealt with his financial losses up to the reinstatement date.

Before reinstatement took effect, the employer told the tribunal it would not comply with the reinstatement order and would instead pay compensation for non-compliance.

That led to a basic award, a compensatory award, and an additional award for failure to comply with the reinstatement order. A later costs judgment also awarded £2,825 plus VAT, which is separate from the main compensation total.

This example shows that a reinstatement order is a real remedy, not just a symbolic one.

If an employer refuses to comply, the tribunal can make an additional award on top of ordinary unfair dismissal compensation.