New guidance on interim relief applications

Background

The Presidents of the Employment Tribunals for England and Wales and Scotland have issued new guidance on applications for interim relief. The guidance responds to a significant increase in applications, many relating to whistleblowing dismissals, together with a rise in lengthy supporting documentation.

What is interim relief?

Interim relief is an emergency remedy available only in limited categories of automatic unfair dismissal claims, including certain whistleblowing, health and safety and trade union dismissals. Where granted, it can require an employer to continue employing or paying an employee until the tribunal has determined the claim.

What does the guidance say?

The guidance does not change the law but explains how tribunals will deal with interim relief applications. It reiterates that applications must be made within seven days of dismissal and that claimants must satisfy the high threshold of showing they have a "pretty good chance of success".

It also confirms that interim relief hearings should remain short and focused. Parties are encouraged to limit the volume of documents and submissions, and note parties using AI to assist with drafting remain responsible for ensuring their submissions are concise, relevant and accurate.

Learning points for employers

Although interim relief applications have become more common, they remain difficult for claimants to succeed in. Employers should nevertheless be prepared to respond quickly, as hearings are usually listed within days. Clear contemporaneous evidence of the genuine reason for dismissal will remain the best defence where interim relief is sought.

For more information or advice, please get in touch with Lucy Cinnamond in our Employment team.