We have previously discussed at length how large awards are being made against employers where they don't show up for a Tribunal hearing and how they do not have the opportunity to defend themselves against allegations. However a recent case also portrays a particularly difficult scenario where an employee is reinstated to their role following a dismissal, and where the employer has not appeared at the hearing, and with reinstatement comes the back payment of wages, which in this case will date back to June 2011.
it is difficult to understand the rationale behind the decision to reinstate an employee back to a company where they have been dismissed since 2011 when the option of compensation would have been available, however it may well have been the employees preference for reinstatement.
Given the employers failure to attend the hearing there was no mitigation given and so the Tribunal was free to decide to order the employees reinstatement.
