Striking out and unless orders in employment tribunal proceedings
Striking out and unless orders in employment tribunal proceedings

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Striking out and unless orders in employment tribunal proceedings
  • When and how striking out may occur
  • Grounds that may justify striking out
  • Striking out where scandalous, vexatious or there is no reasonable prospect of success
  • Striking out due to conduct of proceedings
  • Striking out where claim or response is not actively pursued
  • The consequences of an order to strike out
  • Unless orders: how they work
  • Challenging an unless order before it takes effect
  • Determining whether there is compliance with an unless order
  • more

The power to strike out all or part of a claim or response is the tribunal's most powerful tool where a claim is seriously misconceived, has not been conducted properly (or perhaps not pursued at all), or where there has been serious failure to abide by the ET Rules and/or the tribunal's case management orders.

The tribunal has power in certain circumstances to strike out without further ado: see When and how striking out may occur, below.

Sometimes, however, it may take the view that giving the offending party one last chance to rectify matters, before all or part of its claim or response is dismissed, is more appropriate. In such instances the making of an 'unless order' will be the appropriate course: see Unless orders: how they work, below.

When and how striking out may occur

A tribunal has the power to strike out:

  1. the whole claim

  2. part of the claim

  3. the whole response of a respondent

  4. part of a respondent's response

Any order striking out all or part of a claim or response may be made:

  1. at any stage of the proceedings, and

  2. on the tribunal's own initiative, or

  3. as a result of an application made by a party (see Employment tribunal case management—Making an application for a case management order)

However, a claim or response may not be struck out unless