A little-known tribunal remedy can have big consequences for employers. We explore what interim relief is, when it can be used and why it should be on every employer's radar.

Published: 2 September 2026
Authors: Jo Tunnicliff & Taran Grewal

Should employers be concerned?

Interim relief applications are no longer the employment law rarity they once were. The Presidents of the Employment Tribunals recently issued new guidance in response to a sharp increase in applications, noting that tribunals used to receive around 20 applications a year. They are now seeing similar numbers each month.

Whilst interim relief remains a relatively unusual remedy and applications are still difficult to win, employers would be wise not to ignore them. The combination of tight deadlines and potentially significant financial consequences means businesses need to be ready to move quickly if an application lands.

What is an interim relief application?

In short, an interim relief application is an application which claimants can make, in certain circumstances, at the point at which they issue proceedings against their former employer.

If the claimant is successful, the tribunal can order the employer to:

• reinstate the employee
• re-engage them in another suitable role
• continue paying their salary and benefits until the final hearing.

For employers, the sting is usually in the third outcome. The employee may not be doing any work at all, but the employer could still be required to continue paying salary and benefits for many months while the claim progresses through the tribunal system. In some cases, this can amount to a substantial financial liability.

When can these applications be made?

Interim relief is only available in limited circumstances.

The most common examples are where an employee alleges they were dismissed because they:

• made a protected disclosure (whistleblowing)
• participated in trade union activities
• carried out duties as a health and safety representative or a pension scheme trustee.

The remedy is not generally available in ordinary unfair dismissal or discrimination claims.

Does the application change the normal tribunal process?

Yes, and this is often the aspect that catches employers off guard.

Firstly, there is no requirement to go through early conciliation if an application for interim relief has been made. As such, the first time that a business will hear about the claim is when the claim form arrives in the post.

Secondly, the purpose of the application is to secure ‘relief’ for the claimant employee until the final hearing takes place such that the claimant is not out of pocket whilst awaiting their ‘day in court’. Interim relief hearings are therefore listed quickly (forget the normal tribunal delays, an interim relief hearing which we previously dealt with was listed around 14 days after the dismissal).

The claimant must make the application within seven days of the dismissal, and the respondent employer may only be given seven days to prepare for that hearing.

How easy is it for claimants to obtain interim relief?

Not very.

The bar for obtaining interim relief is deliberately high. The tribunal will only grant it where the claimant is considered "likely" to succeed at the final hearing, which the courts have interpreted as meaning they have a "pretty good chance of success". In other words, it is not enough for a claim to be arguable or even more likely than not to succeed.

This high threshold means that interim relief remains the exception rather than the rule. Whilst applications may be increasing, the vast majority are still unsuccessful.

If applications rarely succeed, why are they being used more often?

Even where the prospects of success are limited, an application can still create pressure on the employer.

The application requires the employer to deal with the claim at a very early stage and often before it has had much time to investigate the allegations or prepare a defence. There are also potentially significant financial consequences if the application succeeds.

The recent increase in applications may in part be explained by tribunal delays. A successful claimant may secure pay and benefits whilst waiting for a final hearing, which could be many months away. The rise of AI-assisted claim drafting may also be a factor. In some cases, these tools may recommend an application for interim relief without fully considering whether the claim falls within the narrow circumstances in which the remedy can actually be granted.

What should employers do?

Don't panic. Given that interim relief applications aren’t available in all instances, they’re not suddenly going to feature in all dismissal cases and claimants still face a high hurdle in persuading a tribunal that they have a “pretty good chance of success”.

That said, employers should have interim relief on their radar when making dismissal decisions. This is particularly important where an employee has raised whistleblowing concerns or is active in a trade union. Even where the employer is satisfied that the dismissal has nothing to do with those activities, a claimant may still seek to frame their claim in a way that brings it within the scope of the interim relief provisions.

The real challenge for employers is the speed at which matters can develop. A decision made one week could result in a tribunal hearing just a couple of weeks later. With little time to prepare, employers can quickly find themselves gathering documents and formulating their defence under significant pressure.

For that reason, it is sensible to be prepared. Having a clearly documented rationale for dismissal, contemporaneous records and access to the key decision makers can make a significant difference if an application lands unexpectedly.

Key takeaway

Interim relief applications are no longer the employment law rarity they once were. Whilst they remain difficult to win, the combination of tight timescales, public hearings and potentially significant financial consequences means they should not be overlooked.

The key is preparation. Employers who consider the risk of interim relief before a dismissal takes place, particularly in whistleblowing and trade union cases, are far less likely to find themselves caught on the back foot if an application follows shortly afterwards.