Interim Relief – the new kid on the block

With the increasing use of ChatGPT – which is still not as good a lawyer as those of us that studied for many years – we are seeing a substantial increase in Interim Relief applications in the tribunal. This is apparently because ChatGPT seems to think that almost any claim for unfair dismissal arising from allegations of discrimination, public interest disclosure, health and safety or TU membership, justifies the lodging of such an application. An interim award operates so as to preserve employment, or at least Terms and Conditions, until the final determination of the tribunal case.

To succeed in such an application, the Claimant must show that they have a ‘pretty good chance’ of succeeding in their claim (Employment Tribunal Presidential Guidance). Most interim relief applications are however unsuccessful as there is just too big a hill to climb. What does cause a problem however is that these applications clog up an already overloaded Employment Tribunal system as they have to be prioritised given the nature of the relief claimed.

In Duffy v BXTR 3 t/a House of Gods, Mr Duffy alleged that he had told his manager that the fire escape doors were being left open and building security compromised, putting guests and staff at risk. He was dismissed days later. His employer denied he had made any such protected disclosure and said it had, in any event, already decided to dismiss him for poor performance.
Mr Duffy claimed automatic unfair dismissal on grounds of whistleblowing. He applied for interim relief. The tribunal rejected his application on grounds that there were fundamental disputes of fact.
The Employment Appeal Tribunal took a more nuanced view.  It held that disputed facts are not, by themselves, a reason to refuse interim relief. The tribunal must still make a quick, summary assessment of how viable the claim appears. The Employment Tribunal had not done so. The EAT also found that inadequate reasons for refusing the application had been given and that an important piece of evidence had not been considered.

The moral of this story is that Interim Relief applications are on the increase and employers must be ready for them.