Content Hub/FAQ Strike Outs/Can I stop my claim from being struck out?

Wednesday, July 09, 2025

Can i stop my claim from being struck out?

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There are various things you can do to reduce the risk of your claim being struck out.

1. Respond quickly to communications and comply with directions

The tribunal issues case management Orders follow each direction—such as submitting documents or clarifying your claim—precisely and by the date given, otherwise the tribunal may grant an Unless Order, whereby a failure to comply with it results in a strike out automatically.

2. Prepare clear, well‑pleaded claims

Make sure your ET1 or response clearly explains each claim (e.g., unfair dismissal, discrimination) with dates and facts. Tribunal rules help when your claim is easy to follow.

​See my FAQ on Pleadings here

3 Keep Communications calm and professional

Be factual, concise, and polite in documents. Avoid excessive detail or personal complaints that could appear vexatious or create bias.

4. Stay engaged with your claim

Treat your case like a project: track every deadline, task, and document. Digital tools and simple spreadsheets help you avoid missed actions that could lead to strike out. Don’t skip directions or case management hearings. If life intervenes, inform the tribunal immediately and provide evidence—like a doctor's note—to avoid compliance issues.

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

🗂️ Case Management

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

⚖️ Preliminary Applications and Hearings

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

📂 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.

🏛️ Final Hearings

This is when your case is decided by the tribunal.

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔁 Appeals

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

🎥 Other Resources

📚 Free Guide 📘

Click here for my free tribunal guide.

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