The Presidents of the Employment Tribunals have today (22 June 2026) issued new Presidential Guidance on interim relief applications, reflecting a significant rise in their use, particularly in whistleblowing claims. Many employers may never have heard of interim relief. 

What is interim relief? 

Interim relief remains a powerful but narrowly available remedy. It applies only to certain statutory claims, including protected disclosures, some health and safety cases, and trade union activities. Where granted, it can require employers to reinstate or re-engage an employee, or continue their employment (with pay) until a final hearing – and as you might have seen in my recent blog, that in some cases might not be for a very long time, meaning this could prove costly.

A high bar – and high stakes

The guidance is a timely reminder that the legal threshold is deliberately demanding. To be awarded ‘interim relief’, claimants must show they have a 'pretty good chance of success' at the final hearing. The guidance refers to case law that sets out the test is not satisfied if the tribunal simply thinks it is more likely than not that the claim will succeed, but is ‘something nearer to certainty than mere probability’.

Strict procedural rules also apply. In most cases, an application must be made within 7 days of dismissal, and this deadline cannot be extended.

A response to rising volumes – and AI-driven submissions

The guidance has been prompted by a notable increase in interim relief applications. Tribunals previously received around 20 applications per year; they are now seeing roughly that number each month.

Alongside this increase, tribunals have reported increasingly lengthy and complex submissions, generated using AI. This mirrors trends we highlighted in our recent blog, where we explored how AI is reshaping employee communications and disputes. It also aligns with the wider increase in tribunal claims I referred to in my blog on the delay in cases being heard. 

In response, the guidance emphasises that interim relief hearings are intended to be short and focused:

• Usually heard by a judge sitting alone
• Conducted by video
• Limited to around three hours
• With 30 minutes of submissions per party

Tribunals may also impose page or word limits and discourage excessive material, particularly where it adds little to the core issues.

Practical points for employers

For employers, the key takeaway is the speed at which these applications move.

If you receive notice of an interim relief application, it is essential to seek legal advice immediately. Hearings are typically listed at short notice, sometimes even before the date that a response is due for the claim itself (even given the current delays), leaving limited time to prepare.

Preparation, however, often begins well before any claim is brought. Clear, contemporaneous documentation of the reasons for dismissal is critical. In particular, employers should ensure there is a well-evidenced, potentially fair reason for dismissal, reducing the risk of any suggestion that the decision was linked to a protected disclosure or other protected activity.

Final thoughts

While interim relief applications remain relatively rare and difficult to succeed, their growing frequency and the immediate practical consequences if granted mean they deserve careful attention. The new guidance is a clear signal that tribunals intend to keep these hearings streamlined and focused, despite increasing demand.

If you would like to discuss how this guidance may affect your organisation or need support responding to an application, please get in touch.