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Remedies

Like claims for unfair dismissal on other grounds, an order for reinstatement or reengagement91 is possible but unlikely. An employer can resist a re-employment order if it can be shown that it is ‘not practicable’ to re-employ the dismissed worker. One factor the tribunal should consider is the effect of the re-employment order on the employer’s business arrangements. In Port of London Authority v Payne,92 the Court of Appeal held that when considering the practicability of such an order an industrial tribunal should not substitute its own commercial judgment as to whether the re-engagement was financially feasible for that of the employer. This decision effectively downgrades anti-union dismissal rights by making it easier for employers to persuade tribunals not to grant these orders.93