The Employment Tribunal has reported a sharp increase in applications for interim relief, with the number of applications rising from around 20 each year to around 20 every month.

Despite this significant increase, very few applications are successful. However, the growing volume of claims is creating additional pressure on an already stretched tribunal system, delaying hearings for other cases and increasing the administrative burden on employers.

To address these issues, new Presidential Guidance came into effect on 22 June 2026, providing greater clarity on when interim relief applications should be made and how they will be managed.

Here’s what employers need to know.

What is Interim Relief?

Interim relief is an emergency remedy available in a limited number of unfair dismissal cases.

If granted, the dismissal is effectively paused until the Employment Tribunal reaches a final decision on the claim.

The Tribunal may order the employer to:

• Reinstate the employee into their previous role.
• Re-engage them into a suitable alternative role.
• If neither is appropriate, continue paying the employee their full salary while they remain suspended until the case is heard.

Because of the significant financial impact this can have on employers, interim relief applications are dealt with as a matter of urgency.

Why Are These Applications Causing Delays?

Interim relief hearings must be listed quickly.

This often means other Employment Tribunal hearings are postponed to make room for these urgent cases.

Although most interim relief applications are ultimately unsuccessful, they still require considerable judicial time and resources. The Tribunal has also noted that applications are increasingly being accompanied by extensive documentation, with many appearing to have been prepared using artificial intelligence (AI).

Large volumes of unnecessary paperwork make it more difficult for judges to deal with applications efficiently and contribute to delays across the wider tribunal system.

New Presidential Guidance from 22 June 2026

The new guidance aims to help parties understand when interim relief is appropriate and ensure applications remain focused and proportionate.

Some of the key points include:

Interim Relief Is Only Available for Certain Claims

Interim relief is not available in every unfair dismissal case.

It only applies where the dismissal is linked to specific legal protections, including circumstances where the employee alleges they were dismissed because:

• of their trade union membership or activities;
• they made a protected disclosure (whistleblowing); or
• another qualifying automatically unfair dismissal reason applies.

The Deadline Is Strict

Applications must be submitted within seven days of the effective date of dismissal.

The Tribunal has no discretion to extend this deadline, making it one of the strictest time limits in employment law.

Trade Union Claims Require Additional Evidence

Where an application is based on trade union membership or activities, it must include a certificate signed by an authorised union official confirming:

• when the employee became (or intended to become) a union member; and
• that there appear to be reasonable grounds for believing the dismissal was for that reason.

Early Conciliation Rules

An unfair dismissal claim accompanied by an interim relief application can be submitted without first obtaining an ACAS Early Conciliation certificate.

However, if the claim form also includes other complaints, such as discrimination or unlawful deductions from wages, those additional claims will require an Early Conciliation certificate or they may be rejected.

The Legal Test Remains Very High

One reason so few applications succeed is the high legal threshold.

The Tribunal must believe it is likely that, at the final hearing, it will conclude the dismissal occurred for the protected reason relied upon by the employee.

Simply believing the employee has a reasonable case or that they may eventually succeed is not enough.

When making this assessment, the Tribunal will consider all of the available evidence, not just the reason given for dismissal.

How Interim Relief Hearings Will Be Managed

The guidance also provides greater clarity on how hearings will operate.

Employers should be aware that:

• Hearings must be listed as soon as reasonably practicable.
• Both parties must normally receive at least seven days’ notice.
• Hearings will usually take place remotely by video.
• An Employment Judge will hear the case sitting alone, without tribunal members.
• Hearings are expected to last no more than three hours, including reading time.

Importantly, the Tribunal will not usually hear oral evidence.

Instead, decisions will almost always be based on the written documents submitted by both parties.

Keep Documentation Focused and Proportionate

One of the strongest messages from the new guidance is that parties should avoid submitting excessive documentation.

Employment Judges have the power to:

• limit the number of pages submitted;
• restrict the length of witness statements and written submissions; and
• require parties to identify only the most relevant documents if large bundles are provided.

Where documentation exceeds what can realistically be read within the allocated hearing time, parties risk important material being overlooked.

AI Can Be Used, But Accuracy Remains Essential

The Tribunal has also recognised that AI is increasingly being used to prepare tribunal documents.

While there is nothing preventing parties from using AI to assist with drafting, the guidance makes it clear that those submitting documents remain fully responsible for their accuracy.

Any information generated using AI must be carefully checked to ensure it is:

• accurate;
• relevant;
• legally correct; and
• appropriate for the issues before the Tribunal.

Submitting inaccurate or misleading information, regardless of how it was produced, could seriously damage a party’s case.

What This Means for Employers

Although interim relief applications remain relatively uncommon, employers should be aware of the situations where they can arise, particularly in cases involving whistleblowing or trade union activities.

The new guidance reinforces that these applications are intended to remain an exceptional remedy, while encouraging parties to submit focused, proportionate evidence that allows urgent hearings to be dealt with efficiently.

For employers facing one of these claims, early legal advice is essential. The strict timescales, high financial stakes and fast-moving nature of interim relief applications leave very little room for error.

How Bhayani Law Can Help

If your business is facing an Employment Tribunal claim, or you need advice on managing dismissals involving whistleblowing, trade union issues or other potentially automatically unfair reasons, our employment law specialists are here to help.

We provide practical, commercially focused advice to help employers manage risk, respond quickly to tribunal claims and protect their business.

To speak with one of our experts, call 0333 888 1360, email [email protected], or explore our Watertight HR & Legal services for ongoing employment law support.