Interim relief in employment tribunal claims
You have received an Employment Tribunal claim form ET1 and you receive notice of a hearing of an application for interim relief - what does it mean?
If the employee can show that they have been dismissed because:
- of a trade union related reason (e.g. their membership)
- of their duties as a health and safety representative, occupational pension scheme trustee or employee representative
- they made a public interest disclosure (also known as whistleblowing)
- they wanted to be accompanied to a grievance or disciplinary meeting
- they wanted to request, or to discuss requesting, not to retire, or they wanted to be accompanied to a meeting to discuss their request
And the application is made within 7 days of the effective date of termination
And the Employment Tribunal believes they are ‘likely’ to be successful at a full hearing then it may order:
- their reinstatement to work (meaning that they should be treated as if they were never dismissed)
- their re-engagement (meaning that they should be re-employed but not necessarily in the same job or with the same terms and conditions of employment)
- the temporary continuation of their contract of employment (meaning that their contract of employment will continue until they settle their claim)
Jonathan Waters is the founder of Helix Law. Before qualifying as a Solicitor he worked in industry and in investment banking for over a decade. He was also the Partner in charge of Commercial Litigation, Employment Law and Property Litigation at Stephen Rimmer LLP. Jonathan has wide experience of helping and advising businesses to avoid or to deal with commercial disputes and in particular construction disputes.
This article is written to raise awareness of the issues it discusses and it may not be updated after it is first written, even if the law changes. It is not intended to be legal advice and cannot be relied on as such. Helix Law is not responsible or liable for any action taken or not taken as a result of this article. If you think the matters set out affect you and you wish to apply them to your particular circumstances then we are happy to give you free initial telephone advice.