Interim relief

An interim relief order is a temporary remedy which can be ordered by a court in certain types of unfair dismissal claim.

It can be made if it appears to the tribunal that a complaint is likely to succeed. 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 that the complainant will succeed in the claim. It therefore provides a very strong indication that the employee is going to win the final hearing.

An application for interim relief must be brought within seven days of the dismissal. This means that reps wanting to claim interim relief must act very quickly indeed. A recent example of a successful interim relief application is provided by the case of Eamonn Lynch, RMT health and safety rep:

In 2010, Eamonn Lynch was sacked from his job as a tube driver for London Underground after an operational error. After bringing a claim at the Employment Tribunal, it was found that Eamonn Lynch had been discriminated against on the grounds of his trade union membership. RMT were successful in making an application for interim relief and London Underground were ordered to pay Eamonn Lynch’s full wages until the full hearing in March 2011. Eamonn Lynch eventually won his claim and was reinstated by London Underground.