Interim relief

Workers who believe that action has been taken against them because of their trade union membership or activities, have the right to apply for interim relief. Under this procedure any dismissal is put on hold pending the tribunal decision.

To be able to apply for interim relief the individual needs to have a certificate signed by a trade union official that states that the dismissal was on trade union grounds. The EAT has ruled that a certificate merely confirming that the individual is a union representative but making no reference to the nature of the union member's claim to the tribunal is not sufficient. The certificate must state that the individual is a member and that, in the view of the official, the dismissal is related to the individual's union membership or activities.

This is an important ruling because it shows that, if the legislation is not strictly complied with, claims can be ruled out.