interim relief
📖 What is interim relief? Meaning and definition
Interim relief is a type of application made to an Employment Tribunal, typically by a claimant who has been dismissed from their job. The purpose of this application is to seek a temporary order from the Tribunal, which can provide a form of immediate remedy while the full unfair dismissal claim is still ongoing. It is considered 'interim' because it is a short-term measure, decided quickly, before the detailed arguments and evidence of the main case are presented and fully considered by the Tribunal.
In practice, a claimant might apply for interim relief if they believe their dismissal was automatically unfair, for example, due to making a protected disclosure (whistleblowing). The Employment Tribunal will hear this application separately and often much sooner than the main claim. The Tribunal will then decide whether to grant or refuse the interim relief, based on the arguments and evidence presented at that specific hearing.
If interim relief is granted, it could mean that the employment relationship is temporarily continued, or that the employer is ordered to pay the employee's wages until the full hearing. However, as shown in the provided cases, applications for interim relief are often refused by Employment Judges. This means the claimant's request for a temporary order is dismissed, and they must await the outcome of their main claim for any potential remedy.
📋 Requirements
- The application is made by a claimant, typically an employee.
- The underlying claim is often for automatic unfair dismissal.
- The application is heard by an Employment Judge.
- The application is made under specific legal provisions, such as section 128 of the Employment Rights Act 1996.
📝 Procedure
- A claimant submits an application for interim relief to the Employment Tribunal.
- A hearing is scheduled, often in private, before an Employment Judge.
- Both the claimant and the respondent (employer) present their arguments, sometimes with legal representation.
- The Employment Judge makes a judgment, either granting or refusing the application.
- Written reasons for the judgment may be requested by either party within a specified timeframe.
💡 Examples
- An employee who believes they were dismissed for whistleblowing might apply for interim relief to continue receiving their salary until their full unfair dismissal claim is heard.
- A claimant's application for interim relief in an automatic unfair dismissal case was refused by an Employment Judge, meaning no temporary order was made.
- During a hearing, an Employment Judge dismissed a claimant's request for interim relief under the Employment Rights Act 1996, indicating the temporary measure was not granted.
- A claimant made two claims, one pre-dismissal and one post-dismissal, with the second claim including an application for interim relief related to automatic unfair dismissal.
📚 Legal basis
- Employment Rights Act 1996
❓ Frequently asked questions
What does it mean if my application for interim relief is refused?
If your application for interim relief is refused, it means the Employment Tribunal has decided not to grant a temporary order in your favour. You will need to wait for the full hearing of your main claim to determine the outcome of your case.
Is interim relief the same as my main unfair dismissal claim?
No, interim relief is a separate, preliminary application. It seeks a temporary measure before your main unfair dismissal claim is fully heard and decided by the Employment Tribunal.
How quickly is an interim relief application decided?
Interim relief applications are typically heard and decided much faster than a full unfair dismissal claim, as they are intended to provide a quick, temporary solution.
Can I appeal a decision on interim relief?
The provided cases do not specify the appeal process for interim relief decisions. You would generally need to consult legal guidance or a qualified solicitor regarding appeal options.
What kind of claims can interim relief apply to?
Based on the cases, interim relief applications are often made in connection with claims of automatic unfair dismissal, such as those related to protected disclosures (whistleblowing).