Interim relief in unfair dismissal
Interim relief in unfair dismissal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Interim relief in unfair dismissal
  • When interim relief is available
  • Nature of relief
  • Applications
  • Early conciliation requirement does not apply
  • Other procedural issues
  • Status issues do not need to be determined first
  • Postponing the hearing of an interim relief application
  • Certificates in certain trade union cases
  • Orders
  • More...

Interim relief in unfair dismissal

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

In certain circumstances, an interim remedy is available to an employee claiming unfair dismissal before the final hearing of their claim and before any finding of unfair dismissal has been made.

When interim relief is available

Interim relief is only available where an employee has brought a claim for unfair dismissal and alleges that their dismissal was for one of a number of specified automatically unfair reasons, including:

  1. where the employee:

    1. having been designated by the employer to carry out health and safety duties, carried out those duties, or

    2. being a health and safety representative or member of a safety committee, carried out the functions of that role (see Practice Note: Health and safety—employer consultation and employee representatives)

  2. where the employee was dismissed for performing functions as an employee representative or a candidate to be such a representative under the working time legislation (see Practice Note: Remedies for breach of working time rights)

  3. where dismissal was for performing functions as the trustee of an occupational

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