Introduction
Being dismissed from your job can be distressing in any circumstances. When that dismissal follows whistleblowing, the situation is often even more serious. Many employees in England and Wales are unaware that in certain whistleblowing cases, it may be possible to apply for something called Interim Relief.
Interim Relief is a powerful but rarely used remedy in Employment Tribunal claims. It can require an employer to continue paying wages or reinstate an employee while the case is ongoing.
At Blackstone Solicitors, we advise employees and employers across England and Wales on whistleblowing disputes and urgent Tribunal applications. In this article, we explain what Interim Relief is, when it applies, and how it relates to whistleblowing dismissals.
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What Is Interim Relief in Employment Tribunal Claims
Interim Relief is a temporary remedy available in certain Employment Tribunal cases. It is designed to provide short term financial protection while a claim is being decided.
If granted, the Tribunal can order an employer to:
- Continue paying the employee’s salary
- Maintain employment status until the final hearing
- Reinstate the employee in limited circumstances
It is important to understand that Interim Relief does not decide the outcome of the case. It is a provisional measure, not a final judgment.
When Can You Apply for Interim Relief
Interim Relief is only available in a limited category of cases. It is not available for most unfair dismissal claims.
You may apply for Interim Relief if your dismissal relates to:
- Whistleblowing
- Trade union activities
- Health and safety activities
- Certain protected employment rights cases
In whistleblowing cases, the relevant legal claim is usually that you have been dismissed for making a protected disclosure.
This is set out under the Employment Rights Act 1996.
What Is Whistleblowing in Employment Law
Whistleblowing occurs when an employee raises concerns about wrongdoing in the workplace.
To qualify as whistleblowing in law, the disclosure must usually relate to one of the following:
- A criminal offence
- A breach of legal obligation
- A miscarriage of justice
- Danger to health and safety
- Environmental damage
- Concealment of any of the above
The disclosure must also be made in the correct way to qualify as a protected disclosure.
If you are dismissed because you made a protected disclosure, this may amount to automatically unfair dismissal.
What Does Interim Relief Mean in a Whistleblowing Case
If you are sacked for whistleblowing and apply for Interim Relief, you are asking the Tribunal to intervene urgently.
If successful, the Tribunal may order your employer to continue paying your wages until the final hearing.
This can provide vital financial stability while your case progresses, which may take many months.
However, the threshold for obtaining Interim Relief is high.
The Legal Test for Interim Relief
To succeed in an application for Interim Relief, you must show that your claim has a strong likelihood of success.
The Tribunal will consider whether it is:
- Likely that you were dismissed for making a protected disclosure
- Likely that you will succeed at a full hearing
This is a much higher standard than the usual test for bringing a claim.
In practice, it means you must show a clear and compelling case at an early stage.
Time Limits for Applying for Interim Relief
Strict time limits apply.
An application for Interim Relief must be made within 7 days of the effective date of termination of employment.
This is a very short deadline. Missing it will usually mean you lose the right to apply altogether.
In addition, you must have already submitted your whistleblowing claim to the Employment Tribunal.
How to Apply for Interim Relief
The application process is urgent and procedural.
Step 1: Submit Your Tribunal Claim
You must first file a claim for unfair dismissal based on whistleblowing.
This is usually done using an ET1 claim form.
Step 2: Submit the Interim Relief Application
You then submit a separate application requesting Interim Relief.
This must explain:
- Why you believe you were dismissed for whistleblowing
- Why your claim is likely to succeed
- Why urgent financial protection is needed
Step 3: Early Tribunal Hearing
The Tribunal will usually list the application for an urgent hearing.
This can take place within days or weeks of the application being made.
What Happens at an Interim Relief Hearing
The hearing is usually short but focused.
Both parties may present evidence and legal arguments.
The Tribunal will consider:
- The strength of your whistleblowing claim
- Whether there is credible evidence of protected disclosures
- Whether dismissal appears to be linked to whistleblowing
The Tribunal is not deciding the full case. It is only assessing whether your claim is strong enough to justify urgent relief.
Possible Outcomes of an Interim Relief Application
There are three main outcomes.
Application Granted
If successful, the Tribunal may order your employer to:
- Continue paying your salary
- Treat you as still employed
- Maintain certain employment benefits
This continues until the final hearing or settlement.
Application Refused
If refused, your claim continues but without financial protection.
This does not mean you will lose your case at the final hearing.
Partial Relief
In some cases, the Tribunal may make limited orders rather than full reinstatement or payment.
Why Interim Relief Is Rarely Granted
Although Interim Relief is a powerful remedy, it is rarely successful.
There are several reasons for this.
High Legal Threshold
The requirement to show a strong likelihood of success is difficult to meet at an early stage.
Evidence is often still developing at the point of dismissal.
Limited Categories of Cases
Only certain types of dismissal qualify, and whistleblowing claims must be clearly established.
Complexity of Evidence
Tribunals are cautious about making financial orders without full evidence testing.
Why Interim Relief Can Be Extremely Valuable
Despite the difficulty in obtaining it, Interim Relief can be extremely significant when granted.
Financial Protection
It ensures income continues while the case is ongoing. This can be crucial for financial stability.
Pressure on Employers
It may encourage early settlement, as employers may prefer to resolve claims rather than continue paying wages.
Validation of Claim Strength
A successful application can indicate that the Tribunal considers the claim strong.
Risks and Considerations
It is important to understand the risks involved in applying for Interim Relief.
Urgency and Preparation
Applications must be prepared quickly and carefully. Poorly prepared applications are unlikely to succeed.
Legal Costs
While Tribunal costs are usually limited, there may be legal fees involved in preparing and presenting the application.
No Guarantee of Final Success
Even if Interim Relief is granted, it does not guarantee success at the final hearing.
Evidence Needed for Whistleblowing Interim Relief
Strong evidence is essential.
This may include:
- Emails or written disclosures
- Meeting notes or internal reports
- Witness evidence
- Timeline of events
- Evidence linking dismissal to whistleblowing
The clearer the link between disclosure and dismissal, the stronger the application.
Common Mistakes in Interim Relief Applications
Several errors can weaken an application.
Missing the 7 Day Deadline
This is one of the most common and fatal mistakes.
Weak or Vague Evidence
General allegations without detail are unlikely to succeed.
Not Framing the Legal Test Correctly
The Tribunal must be persuaded that success is highly likely, not just possible.
Delaying Legal Advice
Early advice is crucial given the strict time limits.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we regularly advise on whistleblowing claims and urgent Employment Tribunal applications across England and Wales.
We can assist with:
- Assessing whether you have a valid whistleblowing claim
- Preparing and submitting Tribunal claims
- Drafting Interim Relief applications
- Representing clients at urgent hearings
- Negotiating early settlement where appropriate
We understand the urgency and sensitivity of these cases and provide clear, practical advice from the outset.
Conclusion
Interim Relief is a rare but important remedy in whistleblowing dismissal cases. It offers the possibility of financial support while your Employment Tribunal claim is ongoing.
However, the legal threshold is high, the time limits are strict, and the application must be prepared with care.
If you have been dismissed for whistleblowing, it is essential to act quickly and seek legal advice as soon as possible. The early stages of your case can be decisive.
With the right evidence and approach, Interim Relief may provide vital protection during what is often a difficult and uncertain time.
If you need advice on whistleblowing or Interim Relief, Blackstone Solicitors is here to help you understand your options and take the next steps with confidence.
How to Contact Our Employment Law Solicitors
It is important for you to be well informed about the issues and possible implications of Employment Law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Employment law solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Please visit our website to see all the Employment Law services we offer: https://blackstonesolicitorsltd.co.uk/employment-law-services/
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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