Interim relief

Certain types of unfair dismissal claim carry the right to seek interim relief from the ET under section 128, Employment Rights Act 1996 (ERA). These include dismissals for whistleblowing and trade union activities (including acting as a safety rep). Any application for interim relief must be made within seven days of dismissal. No extension of time is allowed. Acas early conciliation does not apply to this type of claim.

During the pandemic, there has reportedly been an upsurge in ET claims for interim relief, especially based on whistleblowing (see Chapter 6). Claims being based, for example, on allegations of dismissal for reporting the employer to HM Revenue and Customs for misuse of the furlough scheme, or for complaining about poor COVID safety measures, or lack of personal protective equipment at work.

Interim relief should be granted if a Claimant can satisfy an ET that they are “likely” to succeed in their claim at the final hearing. “Likely” here means “a pretty good chance of success”. A successful Claimant will be entitled to be reinstated, or to have their wages paid until their claim is finally decided by the ET. There is no requirement to repay wages paid under the interim relief order if the claim is not successful at the final hearing. For a good example of a successful claim for interim relief linked to union activities, see Morales v Premier Fruits (Covent Garden), summarised in Chapter 4.