Interim relief

An interim relief order is a temporary remedy which can be ordered by a court in certain types of unfair dismissal claim. In these circumstances, the tribunal can ask the employer to reinstate or re-engage the employee pending the full hearing. If the employer refuses, the tribunal can make what is known as a “continuation” order. This is an order that until the claim has been dealt with, the employee’s contract is treated as if it is continuing for the purposes of entitlement to any contractual benefits including pay, length and continuity of service.

Interim relief is only awarded where a tribunal considers the complainant will succeed in the claim. It therefore provides a very strong indication that the employee is going to win the final hearing.

It is only allowed for certain dismissal claims, including:

• acting as a health and safety rep;

• carrying out lawful trade union activities; and

• whistleblowing.

An application for interim relief must be brought within seven days of the dismissal. This means reps wanting to claim interim relief must act very quickly indeed. An example of a successful interim relief application is provided by the case of Mr Lynch, an RMT health and safety rep, (see page 48).