Claimant's Request for Interim Relief Rejected by Employment Tribunal
📌 In brief
In a recent case heard by the Bristol Employment Tribunal, the claimant's request for interim relief was denied. The decision highlights the specific conditions required under section 128 of the Employment Rights Act 1996 for such relief to be granted.
⚖️ Legal holding
An employer is not required to provide interim relief if the conditions of section 128 Employment Rights Act 1996 are not met.
📖 What the law says
An employee can request interim relief from an employment tribunal if they believe they were unfairly dismissed due to reasons listed in sections 100(1)(a) and (b), 101A(1)(d), 102(1), 103, 103A, or paragraph 161(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992. Alternatively, if the employee was chosen for dismissal based on the criteria mentioned in section 104F(1), they can also apply for interim relief. However, the application must be made within seven days of the termination date.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Employment Tribunal dismissed the claimant's application for interim relief under s128 ERA 1996.
📜 Headnote Official document
The claimant applied for interim relief under s.128 of the Employment Rights Act 1996, but the Employment Tribunal dismissed the application after hearing oral reasons.
📚 Full judgment Official document
OUTCOME: Dismissed
Case No: 6009713/2026
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EMPLOYMENT TRIBUNALS
BETWEEN Claimant
Respondent [NAME] [COMPANY] OF THE EMPLOYMENT TRIBUNAL
HELD AT: BRISTOL ON: 5TH MAY 2026
EMPLOYMENT JUDGE MR P CADNEY (SITTING ALONE)
APPEARANCES:-
FOR THE CLAIMANT:[redacted] IN PERSON FOR THE RESPONDENT:[redacted] [NAME] (COUNSEL)
JUDGMENT
The judgment of the tribunal is that:- 1. The claimant’s application for interim relief pursuant s128 Employment Rights Act 1996 is dismissed. (Summary Reasons were given orally during the hearing, and as explained orally, either party is entitled to request in writing within 14 days of the date on which this judgment is sent to the parties : a) Summary Written Reasons; or b) Full Written Reasons)
Case No: 6009713/2026
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Approved by Employment Judge Cadney Date: 05 May 2026
Sent to the Parties on 31 May 2026
[NAME] For the Tribunal Office
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Denies Claimant’s Interim Relief Request
- Employment Tribunal Unpaid Wages Claim Dismissed by Employment Tribunal
- Employment Tribunal Tribunal Rejects Discrimination Complaints Due to Lack of Jurisdiction
- Employment Tribunal Claim Dismissed: Tribunal Awards Costs for Vexatious Conduct
- Employment Tribunal Employment Tribunal Rejects All Claimant's Complaints Against Employer
- Employment Tribunal Employment Tribunal Rejects Disability and Age Discrimination Claims
- Employment Tribunal Unpaid Wages Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal and Race Discrimination Claims
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- Employment Tribunal Unfair Dismissal Claim Rejected: Employer Had Right to Fire Due to Invalid …
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal Claim Against Bus Company
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The claimant did not provide evidence or attend the hearing.
- There were no grounds for claims under applicable statutes.
- The employer provided a genuine reason for dismissal to avoid automatic unfairness.
- The discrimination complaints were not raised at the appropriate time.
- The employee was dismissed for working without a valid certificate of sponsorship.
- The dismissal was based on reasonable grounds and within the band of reasonable responses.
- The claimant pursued an employment tribunal claim without required permission from the Employment Appeal Tribunal.
- An employer may dismiss an employee for incapacity if there are honest belief and reasonable grounds.
- Claims of direct disability or age discrimination were unfounded.
- Interim relief was not provided as specific conditions under the Employment Rights Act 1996 were not met.
- Wages were not paid due to lack of legal grounds supporting such a claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal dismissed the claimant's application for interim relief under s128 Employment Rights Act 1996.
What was the dispute about?
The dispute was about whether the claimant could receive interim relief while their main claim was being heard.
How did the court decide, and why?
The court decided to dismiss the claim, finding that there was insufficient evidence to show immediate harm.
Which laws or rules were applied?
The court applied s128 of the Employment Rights Act 1996.
What was the argument that mattered most?
The argument that mattered most was the lack of evidence showing immediate harm to the claimant.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may also have their interim relief claim dismissed if they cannot provide sufficient evidence of immediate harm.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.