Case - Port of London Authority v Payne & Ors

[1994] IRLR 9,[1994] ICR 555, Court of Appeal - Lord Hendy QC

Tests to be applied in making reinstatement orders.
Appeal and cross-appeal by employees and employer from EAT concerning reinstatement orders [FN 1] . HELD: There were two stages in making reinstatement orders under s.69 Employment Protection (Consolidation) Act 1978. The first was to consider the practicability of an order before making it and the second arose if the order was not complied with when the tribunal would again regard practicability in assessing the size of the award. The practicability test was an issue of fact for the industrial tribunal and was a test of practicability not of possibility. The industrial tribunal had misdirected itself as to the standard to be applied. Had it directed itself correctly it would have been bound to find that on the evidence it would not have been practicable to re-engage all 12 applicants. Cross-appeal by the employer against the calculation of the special award dismissed.

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