This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to interim relief in employment tribunal claims in England and Wales, explaining when interim relief is available, statutory tests, time limits, interaction with discrimination claims, and practical steps for claimants and employers.
Interim relief is a procedural mechanism in employment law in England and Wales that allows a claimant to ask an employment tribunal to grant temporary remedies before the full merits of a claim are finally determined. This can be particularly important where a worker faces financial hardship or loss of employment while waiting for a tribunal hearing. However, the availability of interim relief in discrimination claims is highly restricted and governed by specific statutory provisions and case law developments. This article explains what interim relief is, when it can be applied for, the legal tests tribunals apply, how it interacts with discrimination claims, practical steps for claimants and employers, and common questions.
What Is Interim Relief?
Interim relief is an order made by an employment tribunal at an early stage in a claim that preserves the status quo pending the full hearing. Where granted, it can require an employer to:
- Reinstate the claimant to their previous role;
- Re‑engage the claimant in another equivalent role; or
- Continue the employment contract, meaning the employer pays salary and benefits until the case concludes.
Interim relief exists to prevent irreparable financial difficulty or loss that would otherwise arise from a dismissal while the tribunal process unfolds. Tribunals hear interim relief applications separately from the main hearing and generally list them quickly after the ET1 claim form is submitted.
When Interim Relief Is Available
Statutory Availability
Under section 128 of the Employment Rights Act 1996, interim relief is only available in a small subset of automatically unfair dismissal claims. These include situations where the reason (or principal reason) for dismissal is:
- Making a protected disclosure (whistleblowing);
- Trade union membership or activities;
- Activities as a health and safety representative, working time representative, pension scheme trustee; or
- Employee representative roles for collective redundancies or TUPE consultation.
These criteria mean that interim relief is not generally available for discrimination claims, including discriminatory dismissal or victimisation arising from discriminatory conduct. Courts and tribunals have confirmed this limitation.
Discrimination Claims and Interim Relief
Employment tribunals currently do not have jurisdiction to grant interim relief in standalone discrimination claims under the Equality Act 2010, including those alleging dismissal on discriminatory grounds or victimisation arising from discrimination. In Steer v Stormsure Limited, a claimant who included both discrimination/victimisation and whistleblowing claims applied for interim relief for all aspects of her claim. The tribunal refused interim relief in relation to discrimination, and although the Employment Appeal Tribunal (EAT) later found that differential treatment could breach Article 14 of the European Convention on Human Rights, it was unable to grant a remedy or read in a right to interim relief for discrimination because that would effectively change the statute.
The lack of an interim relief remedy in discrimination claims has been controversial - legally, because discrimination claimants may suffer serious ongoing loss before a final hearing, and procedurally, because discriminatory dismissals can have effects similar to those in unfair dismissal cases. However, until statutory reform or a successful challenge leads to a change in the law, interim relief remains unavailable in discrimination claims.
Legal Tests and Tribunal Procedure
Time Limits
If an employee is pursuing a claim that does qualify for interim relief - for example, a protected disclosure dismissal - they must make the application within seven days of their effective date of termination (EDT) (the last day of employment, including notice). This is a strict deadline that cannot be extended, except in rare cases such as deliberate employer fraud causing real injustice. The application is made at the same time as, or as part of, the ET1 claim form. Unlike most tribunal claims, interim relief applications for qualifying unfair dismissal claims are not subject to Acas early conciliation when brought alone.
The “Likely to Succeed” Threshold
To obtain interim relief, the tribunal must be satisfied that it is likely that the claimant will succeed at the full hearing on the underlying unfair dismissal claim (for example, on whistleblowing grounds). “Likely” has been interpreted as a high threshold - effectively meaning the claimant has a strong case that the prohibited reason was the reason for dismissal. Tribunals approach this conservatively, recognising that the evidence presented early may be limited, and they must consider whether the case has a compelling foundation.
Hearing Process
Once the interim relief application is lodged:
- The tribunal lists a preliminary hearing, often within a few weeks of the claim being filed.
- The hearing is usually based on written evidence; oral evidence requires permission.
- The tribunal reviews whether the statutory criteria and likelihood of success are met.
- Employers receive shorter notice periods for interim relief hearings than for full hearings and should prepare quickly.
Practical Implications
For Claimants
- Check eligibility early: If you believe you have been unfairly dismissed on qualifying grounds, consider interim relief when filing your ET1.
- Act promptly: The seven‑day deadline from termination is strict; missing it typically means losing the chance to apply.
- Gather evidence: Set out evidence showing the dismissal reason and why you are likely to succeed at a final hearing. Early documentation - such as internal complaints and correspondence - can strengthen the application.
For Employers
- Respond quickly: Interim relief applications can arrive with very short notice. Seek legal advice immediately to prepare a response or opposition.
- Prepare evidence: Even where the substantive defence is incomplete, employers should assemble key documents and witness statements to counter the claimant's assertions at the interim hearing.
- Understand limits: Since interim relief does not apply to most discrimination claims, employers involved only in discrimination litigation will not typically face interim relief applications - but they should still meet all procedural requirements for the substantive claim.
Risks and Limitations
Limited Availability
Because interim relief is limited to specified automatically unfair dismissal claims, individuals alleging discrimination do not currently have access to this remedy. This has been challenged legally on human‑rights grounds, but the legislation has not been amended to broaden the availability. Therefore, claimants relying solely on discrimination rights must wait for the full tribunal process for remedies such as compensation.
High Threshold
Even where interim relief is technically available, it is rarely granted due to the stringent “likely to succeed” test and the need to assess merits before disclosure and full briefing occurs. Applicants should prepare robust evidence early to meet this test.
Common Questions
Can I apply for interim relief in a discrimination claim?
No. Interim relief is currently only available in specified automatically unfair dismissal situations and not generally for discrimination claims under the Equality Act 2010.
What is the time limit for an interim relief application?
You must apply within seven days of your effective date of termination. This is a strict statutory deadline with limited exceptions.
Does interim relief stop my claim from progressing?
Interim relief does not stop the substantive claim; it operates in parallel. If granted, it preserves employment or pay until the final hearing.
Do I need Acas early conciliation?
No. For interim relief applications related to qualifying unfair dismissal claims alone, early conciliation is not required. However, if you have other claims in addition to interim relief, you may need to follow early conciliation for those.
Final Thoughts
Interim relief applications are a niche but important tool within employment law in England and Wales, designed to prevent undue hardship for claimants while their cases are heard. However, they are currently limited to a narrow class of automatically unfair dismissal claims and do not extend to standalone discrimination claims under the Equality Act 2010. The stringent time limits and high likelihood test mean applications are uncommon and often unsuccessful. Claimants and employers should understand these limitations, act promptly on relevant deadlines, and prepare evidence carefully when interim relief may apply to the unfair dismissal aspects of a case.
