Applications for interim relief used to be relatively rare. However, Employment Tribunals are seeing a significant rise in these claims, prompting judicial guidance in response earlier this year.
Available in certain unfair dismissal claims involving whistleblowing, health & safety concerns, trade union activities and some pension scheme activities, interim relief applications present a unique challenge for employers. Unlike most Employment Tribunal claims, there is no requirement for ACAS Early Conciliation and hearings are typically listed within 14 days, often leaving employers with only a matter of days to prepare.
Potential Consequences for Employers
If an application succeeds, the Tribunal can order:
- Reinstatement of the employee.
- Re-engagement into another role.
- Continued payment of salary and benefits until the final hearing.
Whilst the threshold for success remains high and most applications are defended successfully, the speed of the process, combined with the potential financial consequences, means employers should be aware of the risks.
Understanding the Risks
Although interim relief applications remain a relatively uncommon feature of Employment Tribunal litigation, their increasing use means they are becoming harder for employers to ignore. With hearings often taking place within days and potentially significant financial consequences where claims succeed, organisations should be aware of the circumstances in which these applications can arise and the practical challenges they can present.
Our latest article looks at the factors contributing to the rise in interim relief applications, recent judicial developments and the key considerations for employers when responding to claims.
