Can a Tribunal demand that the company reinstates the dismissed employee?

Yes, though workplace relationships are taken into account, and if they are considered to be irreparably damaged, then reinstating the employee to their former job is considered not practicable. They can also give the option to ‘re-engage’ the employee, meaning to reinstate them in a different but similar role. In any case, a decision of this form is quite rare.

If you refuse to comply with this demand, the employee can make a further complaint to the Tribunal which is then likely to order compensation. This compensation is likely to include an extra award seeing as you did not comply with the original decision. However, if you make a sufficient argument as to why the employee should not be reinstated, the additional award could be waived. Obtain legal advice promptly before making any appeals or arguments against a Tribunal’s decision.