With reinstatement orders, the claimant's behaviour must be taken into account by the ET Central & NW London NHS Trust v Abimbola - EAT 2009

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The EAT in Central & NW London NHS Trust v Abimbola has clarified the requirement of Section 116 of the Employment Rights Act 1996 to include that of whether mutual trust and confidence still exists between an employer and his ex-employee. S.116 of the ERA requires that a tribunal take account of: the wish of a claimant to be reinstated whether reinstatement is practicable for an employer whether it is just to order reinstatement where the claimant caused or contributed to his dismissal. The EAT decide that ET had wrongly taken too narrow a view of s. 116 of the ERA when considering its order for reinstatement. The ET had not taken into account evasiveness and dishonesty in giving evidence as well as (unproven) allegations of misconduct prior to the Claimant's dismissal. In ordering the re-instatement order to be set aside the EAT maintained that mutual trust and confidence was now destroyed.				Help WorkRep volunteers protect workers' rights

The transcript of this case can be found  Here

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