Mackenzie v Chancellor, Masters and Scholars of the University of Cambridge

Unfair dismissal – Remedies. When ss 115 and 117 of the Employment Rights Act 1996 were read together, an 'order for re-engagement' was not intended to impose an absolute and indefeasible obligation on the employer to re-engage the employee or a correlative right in the employee to be re-engaged. Rather, the Court of Appeal, Civil Division, held it created a situation in which the employer had to either re-engage the employee or become liable for the awards specified by s 117 (3), which included an additional award on top of what it would have had to pay if no re-engagement order had been made.

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