New Joint Presidential Guidance on Interim Relief Applications from the Employment Tribunals in England, Wales & Scotland

The Presidents of the Employment Tribunals in England, Wales and Scotland have issued joint Presidential Guidance on interim relief applications, effective from 22 June 2026. The guidance follows a significant increase in the number of interim relief applications being presented and the growing volume of documentation accompanying them.

Interim relief remains available only in limited categories of automatic unfair dismissal claims, most commonly whistleblowing dismissals. Claimants must bring their application within seven days of dismissal, and the tribunal has no discretion to extend that deadline. To obtain interim relief, a claimant must demonstrate a “pretty good chance of success” at the final hearing, a threshold which case law has consistently described as being significantly higher than a simple balance of probabilities.

Key features of the guidance

Procedure: Applications will ordinarily be listed before a single employment judge at a video hearing of no more than three hours. Oral evidence will not generally be permitted, and tribunals are encouraged to make robust case management orders limiting the volume of material filed.

Use of artificial intelligence: The Presidents observe that many applications now contain lengthy AI-generated submissions which fail to identify the central issues and which are accompanied by excessive documentation. The guidance is explicit that parties remain responsible for ensuring submissions are accurate, concise and relevant. AI-generated content does not discharge that responsibility.

Whistleblowing cases: Whistleblowing dismissals represent the majority of interim relief applications. Tribunals will expect claimants to identify the alleged protected disclosures with precision, explain why they attract statutory protection and demonstrate a credible causal link to the dismissal. The guidance warns that applications relying on numerous alleged disclosures may struggle to establish causation; stronger cases are those capable of being explained simply and succinctly.

Why does this matter?

The guidance signals a clear shift towards a more disciplined and focused regime for interim relief applications. It reflects the tribunal’s concern that the purpose of interim relief can be obscured by lengthy submissions and excessive supporting documentation. For employers, this is a welcome development. It reinforces the exceptional nature of interim relief applications and confirms that tribunals will actively manage proceedings to ensure that hearings remain focused on whether the claimant can satisfy the demanding “pretty good chance of success” test.

What should employers do now?

1. Act promptly on notification. Given the strict seven-day time limit for claimants, employers will often have very little notice before a hearing is listed.
2. Focus on the ‘pretty good chance’ test. This remains the claimant’s primary hurdle. Employers should focus their response on demonstrating why the claim falls short of this demanding threshold, rather than becoming distracted by peripheral issues or excessive documentation.
3. Challenge disproportionate submissions. The guidance expressly encourages tribunals to control the volume of material. Employers should consider seeking robust case management orders where claimants file excessive or AI-generated documentation.
4. Prepare clear and concise evidence. The guidance’s message applies equally to respondents. Employer evidence should be focused, well-organised and directly relevant to the issues the tribunal must determine.
5. Review whistleblowing procedures. Given that whistleblowing claims dominate interim relief applications, employers should ensure that their procedures for handling protected disclosures, and any subsequent dismissals, are well-documented and capable of withstanding early scrutiny.

Overall, the guidance provides useful clarification on both procedure and substance. It also demonstrates the tribunal’s intention to take a more proactive approach to case management in interim relief applications, ensuring that hearings remain proportionate, focused and efficient.

If you require advice on interim relief applications, whistleblowing claims or Employment Tribunal proceedings, please contact a member of our Employment Team at employment@wslaw.co.uk.