The Employment Appeals Tribunal made an important judgment in Steer v Stormsure in relation to the law of discrimination; the case may see the interim relief created as a remedy in future potential discrimination claims.
Discrimination Claims
Interim relief applications can allow an employee claimant to be reengaged or reinstated so they receive contractual and other benefits for the period up to the day the Employment Tribunal decides the claim. The payments are made regardless of the employee being successful or not successful. There is no requirement to pay back the wages or benefits if the employee loses the case. To obtain an interim relief order the application must be submitted to the Employment Tribunal inside seven day from the date of dismissal and the employee must demonstrate they will likely be successful with their claim. Such orders are difficult to obtain but are an effective tool against the employer. Interim reliefs applications are not presently available for discrimination claims, but they are for trade union activity and whistle blowing claims
Sexual harassment
In Steer v Stormsure Limited the claimant alleged sexual harassment and attempted to apply for interim relief. She argued to the Tribunal that she was victimised and directly discriminated against due her sex and that raising the grievance was a protected act. She based her application under the Equality Act 2010 and the Employment Rights Act 1996. The judge at the first instance felt the tribunal had no authority to grant interim relief in discrimination claims.
The case was appealed to the Employment Appeal Tribunal and the claimant argued a breach of the European Convention on Human Rights, Article 14 which outlawed discrimination and Article 6 which provides a right to a fair trial. The Employment Appeal Tribunal upheld only part of her claim. The failure to have interim relief for discrimination claims did contravene article 14. The Judge however went on to declare interim relief could not be interpreted as a right under the Equality Act 2010 as this would mean they would create quasi-law, something the Employment Appeal Tribunal was not prepared to do. The Employment Appeal Tribunal also said it could not declare UK law to be incompatible the Human Rights Act 1998. This was a matter now only for the Court of Appeal who can make such a declaration. Leave was granted for an appeal. If such a declaration is granted this would be a landmark decision for discrimination claims.
The final outcome is now in the hands of the Court of Appeal.
