Whistleblowing: Interim Relief

An application for interim relief can be brought in a whistleblowing claim for unfair dismissal even where employment status is in dispute.

THE FACTS

Where an employee is claiming unfair dismissal under the whistleblowing legislation, they can apply for interim relief. The effect of a successful application for interim relief is that the tribunal makes an order for the continuation of the claimant's employment pending final determination of their case. This means that the claimant is paid until the full hearing. An application for interim relief will only be successful if it appears to the tribunal that the claimant is "likely to succeed" in establishing at full trial that the protected disclosure was the reason, or principal reason, for the dismissal.