Interim relief

A. There are some reasons for dismissal that afford the dismissed employee special protection because of the potential for hostile employers to dismiss employees in order to prevent them carrying out statutory duties or enforcing rights.


Those reasons are: acting as a health and safety rep; refusing to forgo working time rights; acting as a pensions trustee; acting as a trade union or employee rep; whistleblowing; activity in connection with trade union recognition; and trade union blacklisting.


An individual who believes that he or she has been dismissed for one of these reasons can bring a claim for interim relief under section 128 of the Employment Rights Act 1996 pending the hearing of their unfair dismissal claim. 


The time limit for interim relief is only seven days immediately following the effective date of termination, so it is essential to act quickly. If the claim is trade union-related, the application must be supported by a certificate from the union.


If the tribunal hearing the interim relief application concludes that it is likely that the dismissal will be found to have been for a reason specified in the legislation, it can ask the employer to reinstate or re-engage the employee, or order the contract of employment to continue until the claim is finally determined.