Former employee denied interim relief in trade union membership dismissal claim
A former Harrods employee's application for interim relief was dismissed by the tribunal, but he was allowed to amend his claim to include ordinary unfair and wrongful dismissal.
1 min read · Last updated 18 May 2026
Key facts
- The claimant applied for interim relief under section 161 of the Trade Union & Labour Relations (Consolidation) Act 1992.
- The application was heard on 14 April 2023 at London Central Employment Tribunal.
- The tribunal dismissed the application for interim relief.
- The claimant was granted permission to amend the claim to add complaints of ordinary unfair dismissal and wrongful dismissal.
Timeline
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Interim relief hearing
The tribunal heard the claimant's application for interim relief.
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Judgment issued
The tribunal dismissed the interim relief application and issued case management directions.
The legal issue
The tribunal had to decide whether the former employee should be granted interim relief—an order to continue employment or pay pending the final hearing—on the basis that his dismissal was allegedly due to trade union membership.
The outcome
The tribunal dismissed the application for interim relief. The claimant was granted permission to amend his claim to add complaints of ordinary unfair dismissal and wrongful dismissal.
No compensation was awarded as the application was dismissed at the interim stage.
Lessons & takeaways
- Interim relief is a high-bar remedy only available in limited circumstances, such as dismissals related to trade union membership or certain health and safety activities.
- If interim relief is refused, claimants can still pursue their main unfair dismissal claim at a final hearing.
- Seeking permission to amend a claim early can keep options open if the initial legal basis is not strong enough for interim relief.
This case shows the difficulty of obtaining interim relief in employment tribunals. The former employee of Harrods Ltd argued that his dismissal was due to trade union membership, which would have entitled him to an order keeping him employed or paid until the final hearing. However, the tribunal decided that the application did not meet the strict legal test for such relief.
What the tribunal decided
The tribunal dismissed the interim relief application but granted the claimant permission to amend his claim to include ordinary unfair dismissal and wrongful dismissal. This means the case will proceed to a full hearing where all issues will be examined. The tribunal also set out detailed case management directions to prepare for that hearing.
What the losing side could have done differently
For the claimant, the key lesson is that interim relief requires strong evidence that the sole or principal reason for dismissal was a protected ground like trade union membership. Without such evidence at an early stage, tribunals are unlikely to grant this remedy. The respondent, Harrods Ltd, successfully resisted the application, but will still need to defend the full claim.
Why this matters
This case highlights that interim relief is an exceptional remedy, not a routine step in unfair dismissal claims. Claimants considering this route should seek legal advice on the strength of their evidence before applying. The decision also shows that even if interim relief is refused, the underlying claim can continue, and tribunals will manage the case toward a final hearing.
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