Application for Interim Relief for Whistleblowing

Application for Interim relief for whistleblowing in the Employment Tribunal

Expert Drafting Service: Interim Relief Applications for Whistleblowing Claims

Are you an employee who has been dismissed for making a protected disclosure, and need urgent legal support to secure your financial position and apply pressure on your former employer? Our specialist service provides expert drafting of Interim Relief applications for automatic unfair dismissal claims, particularly those involving whistleblowing.

What is Interim Relief? A Powerful Legal Tool

Interim relief is an extremely powerful weapon for a dismissed employee, though it is rarely granted due to its stringent requirements. If successful, an application for interim relief means you could remain on full pay and continue to receive all benefits from your former employer until the final resolution of your unfair dismissal claim. This can span many months, or even longer if appeals are involved. Crucially, any pay received through an interim relief order is not reimbursed by the employer, even if you ultimately do not succeed in your final unfair dismissal case.

The Strategic Advantages of Securing Interim Relief

A successful interim relief application offers significant tactical benefits for a claimant:

• Financial Stability: It provides immediate income, helping to fund ongoing litigation and support you during a period of unemployment.

• Pressure on Employer: It puts considerable pressure on the employer to settle earlier and potentially for a larger sum.

• Expedited Hearing: It is likely to result in an earlier final hearing of your unfair dismissal claim, bringing forward the resolution of your dispute.

• Extended Continuity: It allows you to extend your period of continuous employment.

• Reputational Impact: It can lead to reputational issues for the employer, as allegations of wrongdoing may be aired publicly at an early stage.

Eligibility: When is Interim Relief Available for Whistleblowing?

Interim relief is available only in very limited circumstances due to its "swingeing nature". You may seek interim relief if the alleged reason (or principal reason) for your dismissal is specifically:

• Making a protected disclosure (whistleblowing).

• Union membership or activity.

• Activities as a health and safety representative, a working time representative, a pension scheme trustee, or an employee representative for TUPE or collective redundancy purposes.

It is vital to note that interim relief applies only to employees who can bring an unfair dismissal claim. There is no right to claim interim relief for discriminatory dismissals. In redundancy cases, interim relief is only available if you can demonstrate that whistleblowing, and not redundancy, was the real or principal reason for dismissal, not merely that your selection for redundancy was due to whistleblowing.

The 'Likely to Succeed' Test: A High Hurdle

To grant interim relief, the Employment Tribunal must believe that you are "likely" to establish at a full trial that the protected disclosure was the reason (or principal reason) for your dismissal. This is a high benchmark, meaning "a significantly higher degree of likelihood" than merely "more likely than not". You need to demonstrate a "pretty good chance" of winning or that your case "looks like a winner".

This stringent test applies to all elements of your claim, including:

• Whether you qualify as an employee (if this is disputed).

• That you made a "qualifying" and "protected" disclosure.

• That you reasonably believed the disclosure tended to show one of the six listed types of wrongdoing (e.g., criminal offences, breach of legal obligation, danger to health and safety, concealment).

• That you reasonably believed the disclosure to be in the public interest.

• That the disclosure was the principal reason for your dismissal (including constructive dismissal).

The burden of proof is on you at this interim stage. The tribunal must apply this test to all aspects of the complaint, including jurisdictional issues, to avoid delays that would undermine the interim nature of the remedy.

Act Fast: The Critical 7-Day Deadline!

Applications for interim relief require extremely speedy action:

• You must apply within seven days of the effective date of termination (EDT).

• Applications can also be made during your notice period.

• Extensions to this strict deadline are only possible in rare cases of deliberate fraud by the employer, causing real injustice.

• There is no mandatory Acas early conciliation (EC) for solely unfair dismissal claims where interim relief is sought. However, if you are also bringing a detriment claim, the EC procedure will still need to be followed.

This short timeframe makes thoroughly assessing the merits of your claim, especially without full disclosure or sight of the employer's full defence, incredibly challenging.

Our Expert Drafting Service for Your Interim Relief Application

Given the complexity, speed, and high bar for interim relief, crafting a compelling application is paramount. Our service focuses on providing the precise and persuasive drafting needed for these summary hearings:

1. Rapid Response & Assessment

   We understand the 7-day deadline and can quickly assess the viability of your claim to meet the "likely to succeed" test.

2. Comprehensive Pleadings

   We will draft your ET1 form and supporting documentation, clearly identifying the protected disclosures, the dates, content, and to whom they were made, demonstrating how they meet statutory requirements.

3. Contextual Clarity

   We will articulate the full context of your disclosures, explaining why your statements or allegations, in that context, constituted information that triggered protection.

4. Evidence Review (Limited)

   Even without full disclosure, we can help you present the strongest possible case on paper, drawing on available documents and witness statements, mindful that oral evidence is rare at these hearings.

5. Strategic Focus

   We ensure your application focuses on the specific protected disclosures that gave rise to your dismissal, avoiding unnecessary complexity.

6. Addressing 'Public Interest'

   We will clearly outline your reasonable belief that the disclosure was in the public interest, addressing the necessary factors.

Potential Outcomes of a Successful Application

If the tribunal finds that the "likely to succeed" test is met, one of the following orders will be made:

Reinstatement or Re-engagement

The tribunal will first ask the employer if they are willing to reinstate you in your old job or re-engage you in a different, no less favourable position acceptable to you. An order to this effect will be made if the employer agrees.

Continuation of Employment Contract

If the employer refuses reinstatement or re-engagement, or fails to attend, an order for the continuation of your employment contract will be granted. This means you continue to receive salary and benefits and accrue continuity of service, but you are not obliged to do any work. As noted, any monies paid under this order cannot be recovered by the employer, even if your final claim fails.

Why Interim Relief is Rarely Granted – And Why Expert Drafting Matters

Despite its potential, interim relief is rarely sought and even more rarely granted. This is due to the extreme time limits, the high legal threshold, and the difficulty tribunals face in assessing employer motivations without full evidence.

This makes expert legal drafting crucial. Our service ensures your application is meticulously prepared to give you the best possible chance of navigating this challenging, but potentially life-changing, legal process.

Contact us today to discuss your Interim Relief application.