The tribunal can order reinstatement or re-engagement if you win a dismissal case, but this is very rarely done in practice. 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’s court in Scotland). Ultimately, your employer cannot be forced to take you back and the final penalty is compensation. If this cannot be recovered, you have to pursue the matter in the County Court. Unfortunately the costs of doing this often outweigh the benefit, although if your union is supporting you, the cost will be to them rather than you.
