These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.
Q: An employee whom we dismissed is claiming unfair dismissal and asking the court for his job back. Can the court do this?
A: If the Employment Tribunal finds that you unfairly dismissed the man but considers that it would be impractical for you to re-employ him, they will require that you pay him compensation. However if they feel that you should take him back they will ask you to either re-instate him in his old job, or re-engage him in any capacity. If you refuse they will increase the amount of compensation. Thus you can refuse to take the man back but it may cost you.
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