Wednesday, July 09, 2025
When the respondent seeks to strike out your claim, you have the right to fullyrespond to a strike out application in the employment tribunal—in writing, and by requesting an oral hearing if you wish to speak to the judge directly
Send your response in writing before the deadline. Clearly address each strike out ground raised, showing why your case has reasonable prospects and is properly pleaded.
Prepare a short, focused document (sometimes called a skeleton argument) outlining your key legal and factual points and refute the assertiosn made. For example, if they say your claim has “no reasonable prospect,” show clearly how it does.
If you ask for a hearing—or one is scheduled—the judge will allow both sides to make short oral submissions before deciding whether to strike out your claim. it is unlikley that there will be witness evidence called.
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Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!
Try to settle the dispute without starting a claim.
Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3
Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").
The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.
You will be ordered to exchange all relevant documents with the other side.
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.
This is when your case is decided by the tribunal.
If you win, this stage decides compensation or reinstatement
You may be able to challenge the outcome — but only on limited grounds.
Click here for my free tribunal guide.


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