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Section 132: Consequence of failure to comply with order.

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part X: Unfair dismissal — Chapter II: Remedies for unfair dismissal

If, on the application of an employee, an employment tribunal is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under section 129(5) or (7), the tribunal shall—

make an order for the continuation of the employee's contract of employment, and
order the employer to pay compensation to the employee.

Compensation under subsection (1)(b) shall be of such amount as the tribunal considers just and equitable in all the circumstances having regard—

to the infringement of the employee's right to be reinstated or re-engaged in pursuance of the order, and
to any loss suffered by the employee in consequence of the non-compliance.

Section 130 applies to an order under subsection (1)(a) as in relation to an order under section 129.

If on the application of an employee an employment tribunal is satisfied that the employer has not complied with the terms of an order for the continuation of a contract of employment subsection (5) or (6) applies.

Where the non-compliance consists of a failure to pay an amount by way of pay specified in the order—

the tribunal shall determine the amount owed by the employer on the date of the determination, and
if on that date the tribunal also determines the employee's complaint that he has been unfairly dismissed, it shall specify that amount separately from any other sum awarded to the employee.

In any other case, the tribunal shall order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non-compliance.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.