Content Hub/Can my claim be struck out before a final hearing?

Wednesday, July 09, 2025

Can my claim be struck out before a final hearing?

Yes – the tribunal or the respondent can apply to strike out your claim before the final hearing. This often happens at a Public Preliminary hearing, where they say your claim “has no reasonable prospect of success” or breaches tribunal rules. Tribunals are careful with claims brought by litigants in person, but they can act early if necessary.

The tribunal cannot strike a claim out at a Case Management Preliminary Hearing, so make sure you know what sort of hearing you are attending. See my FAQ on Case Management Hearings.

Notice of PreliminaryHearing

You should receive a strike out application in writing and be given the chance to respond at the preliminary hearing. Tribunals rarely just proceed without notifying you.

Judge's Assessment

Tribunals treat applications against unrepresented claimants cautiously. They must fully understand your case, and assess it at its strongest.

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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