New guidance reinforces high bar for interim relief as judges seek to ease mounting case backlogs
Employment tribunals in England, Wales and Scotland have introduced new guidance directing judges to apply a stricter approach to interim relief applications, following a sharp rise in claims that the judiciary has linked, in part, to litigants' growing use of artificial intelligence (AI).
Judge Barry Clarke, president of the Employment Tribunals for England and Wales, and judge Susan Walker, president of Employment Tribunals for Scotland, issued the presidential guidance, which took effect on June 22. The guidance reminds judges that interim relief remains an exceptional remedy with a high legal threshold and outlines new case management measures intended to reduce unnecessary delays across the tribunal system.
The Law Society Gazette reported that interim relief is available only in limited categories of unfair dismissal claims, including many whistleblowing and trade union dismissal cases. Claimants must file an application within seven days of the effective date of termination, and tribunals have no authority to extend that deadline. If granted, interim relief may require an employer to reinstate or re-engage the employee or continue the employment contract by keeping the employee on full pay until the claim is determined.
According to the guidance, applications for interim relief have increased from about 20 annually across Great Britain to roughly 20 each month, with most involving protected disclosure claims. The judiciary also reported a significant increase in the volume of documents accompanying applications, adding pressure to a tribunal system already burdened by growing case backlogs. Judges noted that many lengthy submissions appear to have been generated using AI. While the guidance does not object to the use of AI itself, it states that litigants remain responsible for ensuring submissions are concise, relevant and accurate.
Clarke said the tribunal prioritizes interim relief applications because of their emergency nature, often requiring other hearings to be postponed. Given that most interim relief applications are unsuccessful, he said the increase has adversely affected the administration of justice by causing unnecessary delays for other tribunal users.
To improve efficiency, the guidance provides that interim relief hearings will ordinarily last no more than three hours. That period includes one hour for the judge to review the written materials, 30 minutes for oral submissions from each party and one hour to deliver an oral judgment with reasons. If parties submit more material than can reasonably be reviewed within that timeframe, judges may require them to identify only the most important documents for consideration.
The guidance also reiterates the demanding legal test for interim relief. Claimants must show a "pretty good chance of success", a standard that courts have held is higher than simply demonstrating that a claim is more likely than not to succeed.
The guidance comes as employment tribunal backlogs continue to grow. At the end of March, 64,000 single cases remained open, up from 45,000 a year earlier. The Law Society described the figures as alarming and called on the government to address mounting pressures on the tribunal system, particularly as claims are expected to increase under the Employment Rights Act.
