ET orders reinstatement with 10 years back pay totalling £300,000

A tribunal has ordered the reinstatement of a fingerprint officer to her previous job with the Scottish Police Authority who will now have to pay her 10 years of back pay totalling £300,000.
consultation

A tribunal has ordered the reinstatement of a fingerprint officer to her previous job with the Scottish Police Authority who will now have to pay her 10 years of back pay totalling £300,000. In 2016, the Supreme Court (SC) upheld an ET’s order that it was practicable for Ms McBride (M) to be reinstated to the role in which she had been employed which had involved restricted duties for several years prior to her dismissal in 2007. The Court of Session had held that the ET’s order could not stand as it altered M’s contractual terms, i.e. by placing her back on restricted duties rather than the normal duties under her contract. The SC, however, agreed with M that there was no error because the order put her back in the same contractual relationship as she had before her dismissal. The Daily Record report that when the case returned to the ET, it held that M had a legitimate expectation of reinstatement with back pay calculated at £31,000 pay for the 10-year period 2007 to 2017.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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