Interim Relief Applications - Thoughts?

Interim relief applications are something that not many lawyers come across on a regular basis.

So what is an IR application first of all? The legislation can be found here.

https://www.legislation.gov.uk/ukpga/1996/18/part/X/chapter/II/crossheading/interim-relief

In short however this is an application made available to whistleblowers. The claim for IR must be lodged within 7 days of the dismissal so its a really short timeframe.

The claim is for either reinstatement or re-engagement pending resolution of the claim in the Employment Tribunal or for continuation of pay until that time in accordance with the claimants contractual terms.

In order to succeed the Claimant must show that the protected disclosures are the reason or the principal reason for the dismissal.

My experience of these claims on behalf of Claimants has not been entirely satisfactory.

Firstly the timescales are very tight and insured individuals find it hard to get approval financially for claims like these in a timely manner meaning that there is a large financial risk at a time when the Claimant is often unexpectedly out of work.

Secondly whistleblowing cases are normally lengthy and complex. It is in my opinion not always possible to get over the evidence hurdle for Claimants in what is often a short initial hearing during which the Judge needs to act and decide following their impression of the Claim.

I had a claim recently which was listed for only two hours.

I totally sympathise with the Judges as to the challenges which this urgent and time pressing application presents.

Im also mindful of the effect of granting an application on the Respondent who having taken the decision to dismiss would hardly ever want to reinstate but even less so want to pay to the date of the hearing.

Given the costs involved for a Claimant it does not surprise me that a number of my contacts advise against even attempting this application.

So does this beg the question as to whether these claims outdated and ineffective ( or both ) or are they still fit for purpose?

I would be really interested to hear your views and experiences about interim relief.

Thats all for now.

Marie