Why you should seek legal advice within 7 days
28 October 2020
The restrictions that have been put in place across Scotland and the UK have had an impact on what you can expect from your employer. There are new ways of working that have to be adhered to and health and safety policies have inevitably had to be altered to accommodate this.
Now more than ever employees are likely to be very aware of what an employer should be doing to keep them safe at work. Therefore, where an employer fails to meet the standards expected of them, an employee is entitled to raise concerns about this.
This is referred to as making a ‘protected disclosure’ or more commonly known as whistleblowing. If an employee is subsequently dismissed for doing this, and the employee can prove this at a tribunal, it is one of the automatically unfair reasons for dismissal and the employee is entitled to be compensated for this.
It can take a while for a claim to be heard in the Tribunal and if you have been dismissed, that is potentially a long time without any income. In these particular circumstances the Tribunal recognises this and will in some cases make an award of Interim Relief. Given the length of time it can take for the issue to be resolved at a hearing this award can be hugely beneficial to the dismissed employee.
Interim relief can take one of 3 forms:
Once an application has been submitted, the Tribunal will arrange for an interim hearing to be held. At this point they will review the case and decide whether to grant the application for interim relief. They will only make the award if they determine that the employee is likely to establish at the full hearing that they were dismissed for making a protected disclosure.
Trainee SolicitorTaylor Henry