Can I get my job back in a dismissal case?

The tribunal can order reinstatement or re-engagement if you win a dismissal case. However, in practice, re-employment rarely happens. Even when tribunals make such an order, employers commonly refuse to implement it. If your employer refuses to comply, you have to apply again to the tribunal. It will probably award you additional compensation in such a situation.

If your employer still refuses to comply, you have to pursue the matter in the County Court (Sheriff Court in Scotland). Ultimately, your employer cannot be forced to take you back, though you will be due additional compensation. If this cannot be recovered, you have to pursue the matter in the County Court.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.