Interim relief in unfair dismissal
Interim relief in unfair dismissal

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

  • Interim relief in unfair dismissal
  • Applications
  • Orders
  • Failure to comply

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.

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

  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

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

  4. where the employee was dismissed for performing functions as an employee representative, or a candidate to be such a representative, in the context of collective redundancy or transfer of undertakings

  5. where dismissal was for having made a protected disclosure within the meaning of the whistleblowing provisions

  6. where the employee was dismissed for a reason relating to union recognition or bargaining arrangements

  7. where the reason or principal reason for which the employee was selected for dismissal relates to the unlawful use