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In April 2026 there were an estimated 60,000 cases waiting to be heard at employment tribunal hearings. Combine this backlog with the time it takes to gather evidence, the availability of legal representatives, and evolving employment laws, interim relief applications have surged in 2026.
But what is interim relief and how does it affect employers?
To put it simply, Interim relief can help an employee financially while they wait for their employment tribunal hearing. However, it is only available in certain types of cases, usually those involving unfair dismissal.
What does interim relief mean?
In more detail, interim relief can apply in three different ways. Offering employees “relief” as they await the outcome at the final hearing in their employment tribunal claim.
This includes:
Reinstatement
Re-engagement
Continuation Order
Reinstatement of employment where the employee is given back their job while they await the employment tribunal hearing.
Re-engagement, which occurs when the employee returns to the workplace but in a different role with different terms. However, these terms can be no less favourable than those of their previous role.
Continuation of the employees’ contract involves paying the employee their full pay and benefits until the employment tribunal claim has been resolved. During this time the contract applies, but the employee does not have to work.
The criteria for applying:
Interim Relief is not available to just anyone. In fact, there’s detailed criteria for those planning to make an application.
Status of employment
Only those with the legal status of employee can make an application.
This means agency workers, casual workers and those on zero-hour contracts may not be eligible for interim relief. For clarity on this, your employment contracts should outline the specific details of an individual’s employment status.
Type of employment tribunal claim
Employees can only make an application for interim relief if they present a claim for unfair dismissal to the Employment Tribunal and the reason for the dismissal is one of the reasons set out in section 128(1) ERA 1996
This list details some of the specific situations in which interim relief would apply:
Unfair dismissal claims related to whistleblowing
Unfair dismissal claims related to trade union membership or activities
Being or proposing to become a member of an independent trade union.
Taking part in the activities of an independent trade union.
Refusing to accept an inducement to leave the trade union or to not have terms determined by collective bargaining.
Unfair dismissal claims related to health and safety
Unfair dismissal for acting as a workforce representative
Unfair dismissal for taking part in protected industrial action
For more information on the eligibility criteria, speak to an employment law expert.
The 7-day time limit
Employees only have 7 days from their effective date of termination to apply. This is a very strict time limit providing a very small window of opportunity to access this relief.
If notice was given, this is will be from the last day of the notice period or the final day of employment if notice was not given.
Likelihood of case success
The final criteria for whether an application of interim relief would be successful is based on the likelihood of the employee winning at the final hearing.
In all cases, interim relief is a temporary measure and is only granted if the tribunal believes there is a strong likelihood that the employee will ultimately win their unfair dismissal claim at the final hearing. The burden of proof lies on the employee to demonstrate this likelihood.
After application
Once an application for interim relief is made and the employment tribunal grants it, the employment contract is protected until the final hearing date. As an employer, you will have a choice at this stage:
Agree to reinstate or re-engage the employee: If you choose this option, the employee will resume employment under the same or equivalent terms and conditions.
Object to reinstatement or re-engagement: If you decide to object, the tribunal can issue a continuation order. This requires your business to continue making payments equivalent to the employee's pay until the final hearing.
This ensures the employee faces no financial loss between the interim relief hearing and the final hearing date. The decision to grant interim relief is based on whether the tribunal believes the employee's claim is likely to succeed at the final hearing. Although it is rare for interim relief to be granted, it can be and does have an impact on businesses.
The impact on businesses
With such a short application window and a decision that is made as a matter of urgency, if your business finds itself in this situation, the impact can be felt almost immediately.
Regarding the short turn-around, interim relief often catches employers off guard. Usually because they were not expecting the employee to make the application nor did they expect the application to be approved.
This results in both operational and financial burdens:
Immediate financial cost: If interim relief is granted, the employer may have to continue employing and paying the claimant, or continue their contract for pay and benefits purposes, until the final hearing. With tribunal cases potentially taking months, this can quickly become expensive.
Limited ability to recover money: A particularly important commercial risk is that payments made under a continuation order may generally not be recoverable from the employee even if the employer ultimately wins the case.
Management and operational disruption: If the employment relationship has seriously deteriorated, reinstating or re-engaging the employee can create practical difficulties around reporting lines, access to systems, colleagues and day-to-day management.
While you cannot stop an interim relief application being made, you can reduce the impact this has on the business by being prepared.
Steps businesses can take to prepare for interim relief
Despite being unlikely, a well-prepared business would cover all bases to avoid being caught off guard.
Understand the grounds for interim relief
Being informed makes it easier to identify a case where an application of interim relief could be sought. If an employee has made a claim of unfair dismissal against your company, investigate the details of the case and ensure you are protected with the relevant documentation.
Ensure compliance with employment laws
Review and update your policies and procedures to ensure compliance with employment legislation, including laws related to whistleblowing protections, trade union rights, health and safety duties, and other relevant areas. This reduces the risk of claims being brought against your business. Training your HR team and managers will also support your compliance. Helping to reduce the risk of claims like this in the future.
Maintain accurate documentation
Keep thorough and accurate records of employment decisions, including reasons for dismissal, disciplinary actions, or redundancy selections. This documentation can be crucial if you need to defend against an interim relief application.
Get expert legal support
If you anticipate an interim relief application, or receive notice of one, seek legal advice immediately. Interim relief applications are urgent matters, often heard within seven days of dismissal, and require swift action. Legal and HR experts will be capable of providing the expertise and support you need, with short notice.
Prepare your response
If interim relief is granted you will need to prepare to agree to re-engage, re-instate or provide interim relief payments to the employee. Evidence is required to support this decision and defend your position on this matter.
Speak to an HR expert about interim relief
In any situation where you may be awaiting a final employment tribunal hearing, it is important to seek expert and legal support. Not only will an employment law advisor support you in gathering evidence in your case and keeping documentation up to date, but they can also advise on the best steps to take If an employee applies for interim relief.
While it may be rare, it does happen. So, getting as much legal support as possible is key to ensuring your business is not impacted both financially and operationally.
BrightHR’s 24/7 employment law advice line is on your side. Ready to support you through complex cases and HR issues when you need them. To get started with BrightHR and to speak to an expert, book a free demo.