A practical guide to interim relief in the Employment Tribunal

Employment Tribunals may well face an increase in interim relief applications arising from concerns from those returning to work after lockdown. Andrew Allen QC provides a practical guide for both employees and employers.

There has been considerable speculation about the potential for applications in the employment tribunal for interim relief to continue the employment contract, being brought by employees who have raised concerns about the safety of returning to their workplace after lockdown and who have been dismissed.

Andrew Allen QC provides a practical guide to the situations in which an employee can and cannot make such applications and sets out the legal tests and hurdles to be overcome for those making and defending such applications.

Introduction

Sections 128 to 132 of the Employment Rights Act 1996 (ERA) and sections 161 to 166 of the Trade Union and Labour Relations (Consolidation) Act 1996 (TULR(C)A) provide mechanisms, whereby, exceptionally, a dismissed employee can seek interim relief by making an application to an Employment Tribunal to continue the contract of employment pending the final determination of the case.

Applications for interim relief have been rare and interim relief orders even rarer – but there may be an uptick in such applications in these unusual Covid-19 times as employees are encouraged to return to work – in particular given that whistleblowing unfair dismissal is one of the categories of claim for which interim relief is available. Given the delays in the employment tribunal system, an order for interim relief can be very valuable for a dismissed employee. What follows is a practical guide for both employees and employers dealing with interim relief applications.

The Guide on interim relief in the Employment Tribunal

Andrew’s guidance note looks at:

• Qualification
• Mechanism
• Meaning of ‘likely’
• Continuation order
• Non compliance
• Practical tips
• Relevant Legislation

Read the full guidance note here; Outer Temple Chambers_Interim Relief in the Employment Tribunal

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Legal Blogs 18 May, 2020