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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I won a court order to be reinstated back to my former position.

Customer Question

I won a court order to be reinstated back to my former position. My previous employer refuses to comply. Other than a compensation award, can I take action of court order? Can I take this matter further via further litigation in another court? Thank you Julie
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. Which court issued the initial order?
JACUSTOMER-zc82atg7- :

The Employment Tribunal

JACUSTOMER-zc82atg7- :

Liverpool Family and Civil Court - Liverpool

JACUSTOMER-zc82atg7- :

I wish to take further action of this Order and not just accept compensation can I do this?

Ben Jones :

Apologies slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

If an employment tribunal makes an order or re-engagement and the employer refuses to comply with such an order, the tribunal can make an additional award, as well as making an order of compensation dismissal.

The additional award is between 26 and 52 weeks' pay, subject to the statutory limit on a week's pay applicable at the date of the employee's dismissal. This means that the minimum award would be around £12,000 and the maximum around £24,000.

This additional award is a penalty against the employer rather than to act as compensation. On top of this award the tribunal can make the usual award arising out of the unfair dismissal, which would generally cover loss of earnings.

However, you cannot take any other action employer’s failure to adhere to the reinstatement order. No other court will consider this at the stage you are at and no court can actually force the employer to take you back on. The next steps would be if the employer refuses to pay out the awards they have been ordered to – that is when the matter can go down the enforcement route but again all you would be seeking is the financial compensation that has already been awarded.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? Thanks

Ben Jones :

, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks

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