Interim relief

A. Yes, this is available under section 161 of the Trade Union Labour Relations (Consolidation) Act. However, an urgent application is required to the Employment Tribunal (ET).

Interim relief is when a dismissed employee asks the ET to order that they can continue in their employment until the hearing of the claim takes place. 


However, interim relief is only available in particular types of dismissal case, including where the reason for the dismissal is membership of a trade union or trade union activities.


The application to the ET must be made with utmost urgency as the deadline expires within seven days of dismissal (the effective date of termination of employment). It is therefore imperative that legal advice and trade union support is immediately sought by any member who thinks they may have been dismissed for trade union activities. 


Unions are required to provide a written certificate to support applications for interim relief. 


A preliminary hearing will take place to decide whether interim relief will be granted. The interim relief order can include an order for reinstatement, re-engagement or for continued payment of salary and benefits until the hearing or settlement.