Interim relief applications: new tribunal guidance and what employees need to know

Quick summary

Interim relief is an emergency remedy in certain unfair dismissal claims. If successful, a tribunal can grant the employee interim relief by making an order for the continuation of their employment pending a decision of their claim at a final hearing. The Presidents of the Employment Tribunals in England and Wales and in Scotland have issued new joint Presidential Guidance on making applications for interim relief effective from 22 June 2026.

Key takeaways

• Interim relief is only available in limited automatically unfair dismissal cases, including whistleblowing/protected disclosure dismissals.
• The claim and interim relief application must be filed within seven days of the effective date of termination. If an employee is dismissed with notice, they can also make their application during the notice period.
• The test is demanding. The employee must show a “pretty good chance of success”, not just that they are more likely than not to win. The burden of proof is on the claimant at this stage.
• The new guidance warns against long, unfocused or AI-generated submissions that do not address the key issues.

Why has the Guidance been issued?

The guidance is in response to a sharp increase in interim relief applications from around 20 applications per year to around the same number each month in each tribunal office, along with a significant increase in the volume of documentation provided with the application. The rate of success of applications (with many now prepared with AI assistance) remains low.

What is interim relief?

Interim relief is not available in every employment tribunal claim. It is an emergency remedy for certain automatic unfair dismissal complaints. If successful, the tribunal may order continuation of the contract, which can preserve pay and benefits to the employee until the claim is finally decided.

For employees, this can be very important where dismissal creates immediate financial pressure. It also enables the employee to extend their period of continuous employment.

For employers, it can be a serious interim order because there may be a continuation of employment with associated pay obligations that continue before the full hearing has taken place. A successful application may give leverage for settlement discussions as the employer may be more willing to settle where it is still paying the employee’s salary and benefits for a long period before a final hearing to determine the case.

Who can apply?

An employee can only apply for interim relief in very limited circumstances, where the alleged reason (or principal reason) is one of the following automatically unfair reasons:

• Making a protected disclosure “whistleblowing”
• Specified union membership or activity
• Carrying out certain activities as a health and safety representative
• Acting as a working time representative or otherwise in connection with working time activities
• Acting as an occupational pension scheme trustee
• Activities as an employee representative or candidate for collective redundancy or Transfer of Undertakings (Protection of Employment) Regulations 2006 known as “TUPE”

This means interim relief is not available simply because a dismissal feels unfair where it is not connected to the above reasons. It also is not available for cases of discrimination. The claim must fall within one of the statutory categories.

The 7 day deadline

The most important practical point is speed. The application must be made within seven days of the effective date of termination (dismissal date). Waiting for an appeal outcome, grievance response or settlement discussion may mean the opportunity is lost.

A claimant may be able to present the unfair dismissal claim without first completing Acas early conciliation where the claim solely relates to unfair dismissal if the claim form includes a valid interim relief application.

The “pretty good chance” test

The threshold is high. The tribunal must be satisfied that the claimant has a pretty good chance of succeeding at the final hearing. This is more than showing the claim is arguable, and more than proving it is likely on the balance of probabilities.

In protected disclosure/whistleblowing cases, the claimant will normally need to show a pretty good chance that the disclosure contained information (not a bare allegation), that they reasonably believed it tended to show wrongdoing, that it was in the public interest, and that the disclosure was the reason or principal reason for dismissal.

What the new guidance means in practice

The default position will be a video hearing before an employment judge sitting alone, listed for no more than three hours unless exceptional circumstances justify more time. Oral evidence will not usually be heard. The tribunal is carrying out a fast summary assessment, not deciding every factual dispute.

Parties should expect case management orders limiting the amount of material they can rely on. Key documents are likely to matter more than long bundles. In a protected disclosure case, that may include the disclosure itself and the dismissal letter.

The guidance is also clear about AI. There is no objection in principle to using AI, but litigants remain responsible for ensuring submissions are concise, relevant and accurate. A long AI-generated document that misses the key legal test is unlikely to help.

Final point

Interim relief can be powerful where successful but many applications fail due to the high threshold.

Speak to our team about employment tribunal issues, interim relief applications and whistleblowing dismissal claims.

This article provides general information only, based on UK employment law as at June 2026. It is not legal advice and must not be relied on as such. Outcomes depend on your circumstances.

Article written by
Sally Eastwood

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

24.06.26