Interim relief

Employees may make an application to a tribunal for interim relief if they consider that the reason or principal reason for their dismissal was:

• their trade union membership or activities or their non-membership of a trade union; or
• that they performed or proposed to perform any functions they had as health and safety representatives or committee members or as employees designated to carry out workplace health and safety activities; or
• that they performed or proposed to perform any functions they had as an occupational pension scheme trustee; or
• that they performed or proposed to perform any functions they had as an employee representative for consultation about redundancy or business transfers or as a candidate to be a representative of this kind or that they participated in the election of such a representative; or
• that they performed or proposed to perform any functions they had as a representative of members of the workforce or as a candidate to be a representative of this kind for the purposes of the Working Time Regulations 1998; or
• that they made a protected disclosure within the meaning of the Public Interest Disclosure Act 1998; or
• that they exercised or sought to exercise rights relating to trade union recognition procedures; or
• that they exercised or sought to exercise their right to be accompanied to a disciplinary or grievance hearing or that they accompanied or sought to accompany a fellow worker to such a hearing.

If at the interim hearing, the tribunal decides that they think it likely that at the full hearing the employee will be found to have been unfairly dismissed for one of these reasons, they may make an order that the employer temporarily reinstate or re-engage the employee or for the contract of employment to be continued until the complaint of unfair dismissal has been finally settled by agreement or decided at a tribunal hearing.
Applications for interim relief must be received by the tribunal within seven days of the effective date of termination.