Won Appeal Against Unfair Dismissal – Now They Want to Reinstate Me

[Doorway]

I need some advice regarding a complicated situation with my former employer in the UK. Here’s a summary of what happened:

Background

I was dismissed in October 2024 for alleged gross misconduct, which I strongly believed was unfair. The issue stemmed from inappropriate messages I sent to a colleague, but the context was complex, involving coercive control and a difficult working relationship.

I appealed the decision, arguing that my dismissal was disproportionate given my otherwise exemplary conduct, and that mitigating factors (such as the behavior of the other party involved) were not properly considered.

Recently, I won the appeal. The company admitted that the dismissal was too severe and offered to reinstate me to my previous role under the same terms and conditions, with a final written warning instead. They have also requested that I repay my notice period pay to remove the gap in service.

My Situation Now

Since my dismissal, I have secured a new job that I’m happy with.

I’ve lost trust in the company due to how the disciplinary process was handled and feel returning is not a practical option.

The dismissal caused significant stress and reputational harm, and I also lost out on financial gains, such as 65 shares I would have received through a sharesave scheme if I had remained employed.


My Questions

1. Am I entitled to compensation if I refuse reinstatement?

They have acknowledged that my dismissal was excessive, but I don’t know if this qualifies as unfair dismissal or wrongful dismissal.

Can I claim for the shares I lost and other non-financial damages, such as stress and reputational harm?



2. What’s the best way to approach this?

Should I negotiate a settlement instead of reinstatement?

Would this situation require a tribunal claim, or can it be resolved through direct negotiation?



3. Any free legal resources you recommend?

I’m aware of ACAS, but I’d appreciate advice on other organizations or tips from anyone who’s been through something similar.


I’d love to hear from anyone who has experience with employment law in the UK or has faced a similar situation. Thank you in advance for your insights!

[ULA]

If you have appealed against your dismissal, been successful and you have been offered reinstatement, then the original dismissal is considered to have never happened. This is known as a 'vanishing dismissal' and it is unlikely that making a claim to an employment tribunal for unfair dismissal would be successful.

You could try and negotiate some form of compensation from your employer on the basis that you respond back to them alleging that their handling of the disciplinary matter amounts to a fundamental breach of the implied term of trust and confidence and that you would not want to return to them. However, given they have offered you back your job, I am not sure how forthcoming they will be in offering you any compensation.

[Doorway]

So they are not legally obligated to offer anything?

[ULA]

They have agreed to reinstate you so there would be no loss to you.

If you have not already done so, you are going to have to resign from the company as given you have another job, you are probably not going to accept reinstatement. You have also potentially weakened any case of trying to claim constructive unfair dismissal, alleging a breakdown in trust and confidence, since you have already secured another job.