Interim relief

Interim relief is a special remedy in the Employment Tribunal that applies to only a few claims of unfair dismissal.

 

The claims where it applies are dismissals of an employee:

  • designated to carry out health and safety activities for carrying out, or proposing to carry out, such activities;
  • who is a representative or a member of a health and safety committee for carrying out their duties;
  • acting as a representative for a workforce agreement under the Working Time Regulations;
  • acting as a trustee of an occupational pension scheme
  • who is an elected employee representative for consultations on redundancy or transfer of a business or canndidate for such election
  • who has made a protected disclosure
  • exercising rights of being accompanied to a grievance or disciplinary hearing 
  • who is engaged in union activity as set out in paragraph 161(2), Schedule A1, Trade Union and Labour Relations (Consolidation) Act 1992
  • who has been 'blacklisted' for union activity

 

7 day time limit

If a claim for interim relief can be made it must be presented to the tribunal before the end of a period of 7 days immediately following the date of dismissal.

 

Employment Tribunal orders

If an appplication is made the Employment Tribunal it must assess whether it is likely to find that the reason for the dismissal is one of the applicable claims.

 

If so it must then ask the employer whether it is willing to reinstate the  employee or re-engage them on terms which are as favourable as before the dismissal pending the further hearing or settlement of the case.

 

If the employer agrees to reinstate the employee the tribunal will make an order to that effect.

 

If the employer agrees to re-engage the employee and the employee agrees then the tribunal will make an order to that effect. If the employee refuses the offer the tribunal will decide if the refusal is reasonable:

  • if it agrees the employee is acting reasonably it will make an order that the contract of employment continues;
  • if it does not agree then it will make no order and the employees contract will not continue.

If the employer does not attend the tribunal or agree to reinstate or re-engage the tribunal will make an order that the employees contract continues.

 

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Zero increases by 26%

The Office for National Statistics has released new figures that show nearly 700,000 people work on zero hours contracts - up 26% from last year.  The problems caused by these contracts will require a significant change in the law.

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