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Quick action leads to rare success for whistleblowing dismissal

Sarah Shiels, Partner in our Employment Team had a great success for her client who was granted the rare remedy of Interim Relief.

Interim Relief granted by The Employment Tribunal, reinstates the employment and/or continues the contract of employment until such time as the case is finally determined, which could be period of a year or more. This remedy therefore orders the employer to continue the employee’s salary and other benefits usually until the final substantive hearing.

Interim relief must be applied for within a period of 7 days of the dismissal, therefore quick action is required. A hearing on the application is likely to be fixed within a couple of weeks. It is only available for certain types of dismissal claims, including whistleblowing. Before a Tribunal makes such an order, it must be satisfied that that is likely that on a final determination of the complaint, the claim will be successful. In other words, the Employment Judge must be persuaded that the claimant has a pretty good chance of winning his claim. It is therefore necessary to present at the interim relief hearing, all the supportive documents that tend to show that the claimant was unfairly dismissed.

The Employment Law team at Balfour+Manson are on hand to provide guidance on all HR and Employment Law issues. Whether you are an employer or an employee – please do get in touch to discuss your requirements.