Application—strike out or unless order

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

  • Application—strike out or unless order

Application—strike out or unless order

[insert date]

[Insert] Employment Tribunal

[Insert address]

To the [insert] Employment Tribunal

[Insert name of case, eg X v Y]

Claim Number: [insert claim number]

We apply on behalf of the [Claimant OR Respondent] for [a striking out order OR an unless order OR a striking out order or, in the alternative, an unless order].

[We consider that this application is suitable for determination on the basis of the written representations only [, unless the claimant requests a hearing at which to make oral representations in response to the strike out application,] and that such a course would avoid the need for the parties to attend, and incur the associated costs of, a hearing. OR We request that a preliminary hearing is listed to consider the details of this application.]

[[(a) ]Application for an order striking out[ a specified part of] the [claim OR response]

We apply for an order striking out [a specified part of] the [claim OR response] under rule 37 on the grounds that [insert the relevant ground(s) from the subparagraphs of rule 37(1), eg non-compliance with the Tribunal’s orders (rule 37(1)(c)), the claim has not been actively pursued (rule 37(1)(d)) and/or it is not longer possible to have a fair hearing (rule 37(1)(e))]. [The specified part to which this application relates is the [insert details of specified part, eg complaint of sex discrimination or defence

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