Interim Relief Applications in the Employment Tribunal: Safeguarding Employee Rights in England

Recently we have received a number for enquiries from clients that have made interim relief applications on their own behalf.

Interim relief is a relatively subtle topic in Employment Law and in my 15 years as an Employment Solicitor I’ve been involved in approximately 10 applications (6 for Claimants and 4 opposing acting for the Respondent) and have yet to see an application granted, which gives you an idea of both how rare and difficult these applications are to be successful.

I therefore thought it might be useful to write an article explaining more about the topic and particular requirements of an application.

Introduction

The Employment Tribunal (ET) system in England plays a crucial role in upholding employees’ and workers’ rights and resolving disputes between employees and employers.

In certain cases where an employee believes they have been unfairly dismissed in certain circumstances, they may seek interim relief through the ET. Interim relief applications are a vital legal mechanism designed to protect employees during the early stages of their claim, ensuring they have access to fair treatment and financial stability while their case progresses.

This article explores the concept of interim relief applications in the ET in England & Wales, their purpose, eligibility criteria, and potential implications for both employees and employers.

Understanding Interim Relief Applications

Interim relief is a powerful legal remedy that allows an employee to seek reinstatement or continuation of employment pending the final resolution of their case. It provides a means for employees to protect their employment status and financial security during the period between the dismissal and the tribunal hearing.

Interim relief applications are governed by Section 128 of the Employment Rights Act 1996 in England.

Eligibility Criteria for Interim Relief

To be eligible for interim relief, an employee must satisfy specific criteria. Firstly, they must demonstrate a prima facie case that their dismissal was related to one of the following: trade union activities, health and safety concerns, whistleblowing, or being a trustee of an occupational pension scheme.

The employee must show that it is likely that the ET will find the dismissal to be unfair and an applicant must persuade the ET that it is ‘likely’ they will succeed – in all elements of their claim – in proving that the reason for their dismissal was the inadmissible reason they rely on.

Interim relief can be a struggle to obtain even with legal assistance; it is likely to be even harder without, due to this high evidential burden.

Applying for Interim Relief

Interim relief applications should be made promptly, and must be made within seven days of the dismissal, meaning there is a very short window to ensure the application stands a chance of success.

The application process involves submitting a completed application form to the ET, along with supporting evidence and witness statements. The ET will then consider the application and determine whether to grant interim relief at a separate hearing.

Implications for Employees and Employers

For employees, the granting of interim relief can provide crucial reassurance and financial stability during the ET process. If successful, they may be reinstated to their previous role or receive continued payment of wages until the final hearing. Interim relief can also exert pressure on employers to consider settlement negotiations or review their decision to dismiss.

Employers, on the other hand, may face challenges if interim relief is granted. They may be required to reinstate an employee against their wishes or continue paying their wages. This can cause disruption to business operations and potentially strain workplace relationships.

However, it is important to note that the granting of interim relief does not indicate a final judgment on the employee’s claim. The tribunal will still conduct a full hearing to determine the merits of the case.

Conclusion

Interim relief applications in the ET in England & Wakes serve as a critical safeguard for employees who believe they have been unfairly dismissed for certain unlawful reasons. By providing a temporary remedy, interim relief ensures that employees can maintain their employment status and financial security while their case is being heard.

This legal mechanism reflects the commitment of the ET system to protect employee’s rights and promote fair treatment in the workplace. Whether an employee is granted interim relief or not, the process underscores the significance of a comprehensive and unbiased approach to employment disputes in England.

However it must be noted the tight time restrictions on making an application, and the incredibly high threshold set by the ET in order for interim relief to be granted, which in reality is rarely met.

Further reading

Unfair Dismissal – Oakwood Solicitors

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