After dismissal, can I ask to return rather than accept compensation?

Reinstatement and compensation are different questions

DLA Piper’s September 2025 analysis concerns reinstatement after unlawful termination, read alongside the national Labour Contract Law and judicial text. Continuation of employment and compensation are distinct requested remedies. Another job does not by itself settle whether reinstatement is possible; its actual effect on returning matters. Keep the lawfulness of the dismissal, your chosen request and feasibility of return as separate questions. The law-firm analysis does not decide those questions for an individual.

State what you are asking for

Your request matters. Keep the termination notice, employment contract, arbitration or court documents, and any written communications about returning to work. Record whether you asked for reinstatement, compensation, or a settlement proposal. If you have already filed a claim, do not change your requested remedy without first asking an adviser what the procedure allows and how to phrase the request correctly.

Gather facts about practical return

Record the employer's current status (e.g., operating, bankrupt, dissolved), the workplace, your original role, and what the employer says prevents your return. If you have another job, accurately note its hours and obligations without disclosing unrelated confidential information. A statement like "the post was filled" or "I found work" is not a complete assessment by itself; the actual effect on your ability to return is what matters.

Keep disputed pay periods distinct

Prepare the termination, requested-return and actual-return dates together with payslips and payments received. Ask which period and wage components are disputed, and how the requested remedy affects the calculation. A general reference to backpay does not establish every item or amount. Keep lawful personal employment records after departure without copying company or customer secrets.

Example: starting another job while disputing dismissal

Hypothetical illustration: a dismissed employee wants to return but has since accepted another role. List the new role’s actual hours and obligations, the old employer’s proposed return arrangements and the notices exchanged. Ask whether the other employment materially affects continuation and which records establish that. Do not hide the new job, assume its existence defeats every request or end it before understanding the consequences. This illustration adds no finding that either employer acted unlawfully.

Useful questions to ask an adviser

Ask: “How should my requested remedy be stated at this stage of proceedings? Which facts affect whether continuation is possible? What evidence supports the employer’s claimed obstacle? Which wage period and payments must be accounted for?” Bring the actual filed requests and full contract, not a paraphrase. Advice about changing a remedy must address the procedure as well as the desired practical result.

Next steps if the issue remains unresolved

If your request to return is rejected or ignored, the next step is to seek legal advice with your prepared documents. Bring the termination notice, contract, any return-to-work communications, payslips, and a written timeline of events. Ask the adviser to explain how the law applies to your specific situation and what procedural options exist. Do not assume that a source article or a lawyer's general analysis decides your case; the outcome depends on the facts and the tribunal's or court's assessment.

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