Security officers dismissed over right-to-work checks: employer's failure to comply with reinstatement order leads to compensation
Seven security officers unfairly dismissed by Croma Vigilant (Scotland) Ltd after a TUPE transfer were awarded compensation when the employer failed to reinstate them as ordered by the tribunal.
1 min read · Last updated 18 May 2026
Case details
- #security-officers
- #tupe-transfer
- #reinstatement-order
- #failure-to-comply
- #additional-award
- #acas-uplift-denied
Key facts
- The claimants were security officers dismissed on 28 December 2017 for failing to produce documentation proving their right to work.
- The respondents' response was struck out due to non-compliance with case management orders, leading to liability being determined in the claimants' favour.
- Reinstatement orders were made on 8 November 2019 but the respondents failed to comply.
- The tribunal found it was practicable for the respondents to comply with the reinstatement orders.
- Compensation was awarded including basic, compensatory, and additional awards for each claimant.
Timeline
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TUPE transfer to respondents
The claimants were transferred to Croma Vigilant (Scotland) Ltd via a TUPE transfer.
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Dismissal
The claimants were dismissed on the ground that they had not produced necessary documentation to prove their entitlement to work.
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First remedy hearing
The tribunal struck out the respondents' response and upheld the unfair and wrongful dismissal claims.
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Reinstatement orders
The tribunal ordered reinstatement of the claimants by 27 December 2019.
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Reinstatement deadline
The respondents failed to reinstate the claimants by this date.
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Further hearing
The hearing was adjourned as the respondents had not prepared evidence on practicability of reinstatement.
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Remedy hearing
The tribunal found the respondents had not shown it was impracticable to comply with the reinstatement orders and proceeded to assess compensation.
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Judgment on remedy
The tribunal issued its judgment awarding compensation to each claimant.
The legal issue
The tribunal had to decide whether the employer had proved it was not practicable to comply with reinstatement orders made after the dismissals were found unfair, and if not, what compensation was due.
The outcome
The tribunal ruled in favour of the security officers, finding that Croma Vigilant (Scotland) Ltd had unfairly dismissed them. The employer's response was struck out due to non-compliance with case management orders, so liability was already decided. Reinstatement was ordered but not complied with. The tribunal then assessed compensation, including basic, compensatory, and additional awards for each claimant. The exact amounts were not specified in the judgment summary.
Lessons & takeaways
- If you win a reinstatement order, the employer must comply unless it is genuinely impracticable — failing to do so can lead to extra compensation.
- Non-compliance with tribunal orders can result in your response being struck out, meaning you lose the case by default.
- TUPE transfers do not give employers a free pass to dismiss employees over right-to-work checks without proper process.
- Union representation can be effective in employment tribunal claims, especially in multi-claimant cases.
This case shows what can happen when an employer dismisses workers over right-to-work issues without following a fair process, and then ignores a tribunal order to reinstate them. The seven security officers had been transferred to Croma Vigilant (Scotland) Ltd under TUPE rules. Shortly after, they were dismissed for failing to provide documents proving their right to work. The tribunal later found the dismissals unfair.
What went wrong for the employer
The employer's response was struck out because they failed to comply with case management directions. This meant the unfair dismissal claims were automatically upheld. The tribunal then ordered reinstatement, but the employer did not comply. At the remedy hearing, the employer argued it was impracticable to reinstate, but the tribunal disagreed and proceeded to award compensation.
Why this matters
This case is a reminder that employers must take tribunal orders seriously. Ignoring a reinstatement order can lead to additional compensation. It also highlights that dismissing employees over right-to-work checks requires a fair process, especially after a TUPE transfer where employees' rights are protected.
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