Content Hub/How do I respond to a strike out application?

Wednesday, July 09, 2025

How do I respond to a strike out application?

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

1. Submit a formal written response

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.

2. File a skeleton argument

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.

3. At the Preliminary Hearing

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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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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