This Practice Note considers the law and Rules applying to striking out a claim or a response (or part) and the making of Unless orders by employment tribunals.

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 Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155 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, or reply to an employer’s contract claim, 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.

For