Chris Milsom acts in landmark appeal seeking interim relief for discriminatory dismissals

On 15-16 December 2020 the EAT (Cavanagh J) will hear the appeal of Steer v Stormsure in which the Claimant seeks to establish that interim relief must be made available for discriminatory dismissals. Chris Milsom acts for the Claimant, funded by the Equality and Human Rights Commission.

The availability of interim relief as a swift means of restoring the status quo of employment has been a vital tool in deserving cases of dismissal on the grounds of trade union activity or whistleblowing. This is particularly so given the delays faced in the ET system which have been worsened by the pandemic. No equivalent remedy exists, however, for dismissals on the grounds of discrimination. As a consequence, those dismissed on discriminatory grounds have no option but to wait for months and in some cases years before determination of remedy.

The Claimant argues that this disparity of protection is in breach of EU law (and in particular the principles of effectiveness, equivalence and equal treatment) and Article 14 ECHR. The appeal has been expedited to guarantee a judgment before the end of the EU transition period.