Whistleblowing: interim relief

March 7th, 2016 by James Goudie QC

In Parsons v Airplus International Ltd, UKEAT/0023/16/JO, Ms Parsons claimed that she had been dismissed for whistleblowing. She applied for interim relief under Section 128 of the Employment Rights Act 1996.  If, on the hearing of such an application, it appears to the ET that it is likely that on determining the complaint  the Tribunal will find in favour of the Claimant, the Tribunal must make an Order for interim relief.  For many years it has been understood that in applying this provision the ET must ask itself whether the Claimant has established that she has a “pretty good chance” of succeeding at the substantive hearing.  This interpretation, says Judge Shanks, is justified, because if the employee satisfies the test the ET must make an Order for interim relief and, if it does so, the employer is obliged to pay the employee pending the determination of the complaint and there is no provision for re-payment in the event that she ultimately fails on the merits. Read more »