Applications for Interim Relief in Whistle-blowing Claims

Introduction

Applications for interim relief under s.128 of the Employment Rights Act 1996 appear particularly attractive to high-earners with whistle-blowing claims. The successful Claimant can gain a continuation of employment order providing for full pay until final disposal of the claim (including appeal). In this article we discuss the issues relevant to such an application, the recent Raja case, and key steps for both sides.

An application for interim relief can enable a Claimant to exert a great deal of pressure on the Respondent at a very early stage in proceedings. The Respondent will incur the irrecoverable costs of defending the application, and even if successful may become more inclined to settle. Conversely, an unsuccessful application can hand the tactical advantage to a properly-advised and fully-prepared Respondent.