Employment Tribunal Denies Claimant’s Interim Relief Request
📌 In brief
In this case, the Employment Tribunal denied a worker’s request for interim relief. The judge ruled that the claimant did not meet the criteria set out in section 128 of the Employment Rights Act 1996 to receive temporary support while their main employment dispute is being resolved.
⚖️ Legal holding
An employer is not required to provide interim relief unless specific conditions are met under the Employment Rights Act 1996.
📖 What the law says
An employee can request interim relief from an employment tribunal if they believe they have been unfairly dismissed due to reasons listed in sections 100(1)(a) and (b), 101A(1)(d), 102(1), 103, or 103A of the same act, or paragraph 161(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992. Alternatively, if the dismissal was based on the criteria outlined in section 104F(1) of the Employment Rights Act 1996. 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 claimant's application for interim relief under section 128 Employment Rights Act 1996 was dismissed.
📜 Headnote Official document
The Employment Judge dismissed the claimant's application for interim relief under section 128 of the Employment Rights Act 1996, finding that the conditions for such relief were not met.
📚 Full judgment Official document
OUTCOME: Dismissed
Case Number: 6001809/2026
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondents: [redacted]
Heard at:
London East Hearing Centre (by video)
On:
16th April 2026
Before:
Employment Judge Howden-Evans
Representation Claimant: [redacted]
Respondent: [redacted]
JUDGMENT
The Claimant’s application for interim relief under section 128 Employment Rights Act 1996 was unsuccessful and is dismissed.
Approved by:
Employment Judge Howden-Evans
Dated: 16th April 2026
Notes
Summary reasons for the judgment having been given orally at the hearing, written summary reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Recording and Transcription
Please note that if a Tribunal hearing has been recorded you may request a transcript of the
Case Number: 6001809/2026
recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:
https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice- directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Claimant's Request for Interim Relief Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal and Breach of Contract Claims
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal Claim
- Employment Tribunal Claim Dismissed: Tribunal Awards Costs for Vexatious Conduct
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal Complaint
- Employment Tribunal Claim Dismissed: No Attendance, Insufficient Service Period
- Employment Tribunal Employment Tribunal Upholds Fairness of Employee Dismissal
- Employment Tribunal Late Filing Costs Claimant: Unfair & Wrongful Dismissal Claims Rejected
- Employment Tribunal Unfair Dismissal and Detriment Claims Rejected by Employment Judge Evans
- Employment Tribunal Employment Tribunal Rejects Disability and Age Discrimination Claims
- Employment Tribunal Late Claims Dismissed by Employment Tribunal
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 employer is not required to provide interim relief unless specific conditions under the Employment Rights Act 1996 are met.
- The claimant did not meet the necessary legal criteria for unfair dismissal or wrongful dismissal.
- The case was presented outside of the prescribed time limits set by law.
- The claimant lacked continuous employment for at least two years.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal dismissed the claimant's application for interim relief.
Who was involved?
A worker and an employer were involved in a dispute over interim relief.
How did the court decide, and why?
The judge ruled that the conditions for granting interim relief under section 128 of the Employment Rights Act 1996 were not met.
Which laws or rules were applied?
Section 128 of the Employment Rights Act 1996 was applied.
What was the argument that mattered most?
The claimant's failure to meet the conditions for interim relief under section 128 of the ERA was the central issue.
Was the decision for or against the person who brought the case?
The decision was against the claimant.
What does this mean for someone in a similar situation?
Someone seeking interim relief must ensure they meet all conditions set out by law before applying.
What evidence or documents mattered?
No specific evidence is mentioned, but meeting legal criteria is crucial.
Can a decision like this be appealed?
Yes, decisions can often be appealed to a higher court if certain grounds are met.
Is it worth getting a solicitor for a case like this?
It's advisable to consult with a qualified solicitor for advice on your specific situation.