Guidance for employers on interim relief applications

Interim relief is an emergency remedy available to claimants who are dismissed in certain automatic unfair dismissal scenarios. As far as interim relief applications are concerned these usually relate to where a dismissal is connected to Trade Union activities or whistleblowing.

2026 has seen a staggering increase in interim relief applications and some of the applications that have crossed our desks at DMH Stallard recently appear to have been drafted with the use of AI tools. The likelihood of claimants making an application for interim relief is now greater than ever but the chances of a successful application remain slim.

Interim relief process

Interim relief has to be applied for within 7 days of an employee’s dismissal. The Employment Tribunal will hold a preliminary hearing to determine the application and that usually takes place within 2-3 weeks after the application has been made.

The test for the granting of an interim relief application puts a high burden of proof on the claimant to show that they will have a ‘pretty good chance’ at succeeding in their dismissal claim. If a claimant does show this, they are entitled to the remedy of reinstatement or re-engagement or, where these remedies are impossible or refused by the respondent, the continuation of the claimant’s contract, with pay, until the final hearing.

This is an onerous sanction for employers, particularly in the context of the Tribunal’s back log of cases. It can take up to two years for a final hearing to take place, particularly in complicated matters (such as Trade Union activity or whistleblowing claims ), and paying a former employee their full salary for this period will be incredibly costly.

Presidential Guidance on interim relief applications

The increase in interim relief applications has led to the President of the Employment Tribunals issuing Presidential Guidance on applications for interim relief (The Guidance)

The Guidance reveals that the Employment Tribunal previously received about 20 interim relief applications a year, but this has increased to 20 per month. Many of these applications do not succeed but this is not reflected in the number of applications now being made.

The increase in AI use by claimants has been recognised by the Guidance which provides a salutary warning as follows: “Litigants who use AI to assist them have a responsibility to ensure that what is submitted is concise, relevant and accurate.”

What are the biggest challenges for employers and how can they mitigate their risks?

Employers unfortunately cannot avoid an interim relief application following certain dismissals. However, diligently following proper procedures, and maintaining thorough and organised records, will greatly assist the defence of an interim relief application.

The main question a tribunal must ask itself, and answer, when determining an application is what was the principal reason for the claimant’s dismissal. The key document before the tribunal will therefore be the dismissal letter. Long gone are the days of the one line dismissal letter: employers will need to take great care when drafting the dismissal letter to ensure it accurately captures, coherently and comprehensively, the genuine reason why the employee was dismissed, with full and particular reference to any relevant evidence uncovered during the investigation prior and leading to the dismissal.

Where allegations of misconduct relate to the way an employee has conducted themselves whilst making, or purporting to make, a whistleblowing  disclosure. the dismissal letter itself should ensure that it demonstrates that the employee’s conduct is clearly separable from the whistleblowing itself.

Where an employee has made, or has purported to have made, a protected disclosure, it will be important for employers to investigate this in accordance with their whistleblowing policy. Any conduct investigation should be in accordance with the employer’s disciplinary policy. This will enable the employer to demonstrate clear and separable investigations in the whistleblowing itself and the alleged employee conduct in how the protected disclosures were made.

Preparation is key – Getting your evidence in order

Clear and fully documented paper trails of investigations will be required  in the event of an interim relief application. Whilst the Employment Tribunal Rules of Procedure and Guidance state that oral witness evidence will not be required unless it directs otherwise we would recommend preparing a witness statement to identify relevant documents and explain the narrative of the dismissal.

Interim relief applications put a heavy burden on employers to gather and prepare documentary evidence connected to the application, to respond to the application, and prepare for the hearing  in a very short timescale. Ensuring the documentary evidence is comprehensive, clear, and easily locatable, will help to significantly reduce this burden.

Key takeaway for employers

If you receive an interim relief application, it is important to act quickly in gathering evidence, responding to the application, and ensuring that any relevant evidence can be put coherently before the tribunal in  a matter of days. DMH Stallard’s employment solicitors have significant experience in dealing with these applications in a very short timeframe and supporting employers to navigate their response, preparation and attendance at the interim relief hearing.

For more information please get in touch with our team via our online enquiry form.