Blog Categories

Filter the blog to find posts that could help you

Witnesses

Content Hub/FAQ Strike Outs/Can I appeal if my claim is struck out?

Wednesday, July 09, 2025

FAQ Strike Outs

can i appeal if my claim is struck out?

<< Can I ask for the Respondent's Response to be struck out?

Strike Out FAQ

Where can I get help if my claim may be struck out? >>

You may be able to appeal — but only on limited legal grounds, within strict timescales. Here's how to pursue an appeal effectively as a litigant in person.

Deciding whether you can appeal

You can only appeal a strike-out decision on a point of law — for example, if the tribunal applied Rule 38 incorrectly or misunderstood your claim. You cannot appeal just because you disagree with their judgment or feel it was unfair

Appeal Timelimits

You must submit your appeal within 42 days of receiving the written tribunal decision. Missing this deadline means losing the right to appeal..

First Step: reconsideration?

Before appealing, consider requesting a tribunalreconsideration—but only for clear mistakes in fact or procedural issues (e.g., missed evidence). This must be requested in compliance with rules 68-71 of the Employment Tribunal Procedure Rules 2024, and must be within 14 days of the judgment

Obtain written reasons

It will help if you have detailed written reasons from the tribunal before appealing. If they didn’t supply them, ask the tribunal for them immediately.

File an Appellant's Notice

Use the correct form and make sure you file all the required documents with your appeal. The appeal will be heard by the Employment Appeal Tribunal, so you will need to lodge the appeal with them and not the Employment Tribunal that heard your claim.

Chronology of a claim

Disclaimer: Please note, none of the answers on this page or connected pages are legal advice, and whilst reasonable steps are taken to ensure its accuracy at the time of publication, the law changes regularly

🧭 Navigating your Claim

⏳ Chronology of a Claim

Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!

🤝 Informal Resolution

Try to settle the dispute without starting a claim.

📝 Presenting a Claim

Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3

🔗 Drafting ET1's and Particulars of Claim

🗂️ Case Management

Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").

🔗 Case Management Hearings guidance

🎥 Case Management Hearings course

📑 Case Management Hearing Preparation Service

⚖️ Preliminary Applications and Hearings

The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.

🔗 Strike out content

🔗 Who will be in tribunal?

📂 Disclosure

You will be ordered to exchange all relevant documents with the other side.

🗣️ Witness Statements

You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.

🔗 Witness statements guidance

🏛️ Final Hearings

This is when your case is decided by the tribunal.

🔗 Who will be in tribunal?

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔗 Injury to feelings damages

🔁 Appeals

You may be able to challenge the outcome — but only on limited grounds.