Interim relief

An interim relief order can be made in certain limited kinds of unfair dismissal claim relating to the carrying out of trade union or other representative functions in the workplace.

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.