Representation:

1. the statement in the leading employment law textbook "Harvey on Industrial Relations" that "An employee unfairly selected for redundancy on union grounds may not claim interim relief ..." is too broad. The statement is correct when the principal reason for dismissal is a true redundancy but is wrong if the reason for dismissal is a "fabricated redundancy designed to be used as a means to dismiss a trade union activist...."; and

2. where questions arise as to whether an employment tribunal has jurisdiction to consider a claim for interim relief, the proper course is likely to be for the tribunal to consider the claim rather than postpone consideration pending final decision as to whether it has jurisidction. Hearings of claims for interim relief are "intended to be short and succinct" and deciding them even if there is doubt as to whether the tribunal has jurisdiction will not deprive the employer of arguing the jurisdictional point on appeal.

For relevant general notes see Trade union matters/unfair dismissal/interim relief