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Wednesday, July 09, 2025
FREQUENTLY ASKED QUESTIONS ABOUT strike outs
Discover answers to your most pressing questions about strike outs!
What does strike out mean in an employment tribunal?
A strike out is when a tribunal dismisses part or all of your claim without a full hearing. It usually happens if the claim is flawed, hopeless, or breaches rules
Can my employment tribunal claim be struck out before a hearing?
Yes – the tribunal can strike out a claim at a preliminary stage, especially if it has no reasonable chance of success or hasn’t been properly pleaded
What are common reasons for strike out in employment tribunal claims?
The main reasons include: no legal basis, poor drafting, rule breaches, or failure to follow tribunal directions
What happens if the respondent applies to strike out my claim?
You’ll be sent a copy and given a chance to respond. The tribunal will often list a hearing before making a decision
How do I respond to a strike out application in the employment tribunal?
Write a clear, short response explaining why your claim should continue. Focus on your legal basis and facts
Can I stop my claim being struck out by the tribunal?
Yes – meet all deadlines, comply with orders, and ensure your claim is clear and legally sound
What’s the difference between strike out and deposit order?
A strike out ends your claim. A deposit order means the tribunal thinks your claim is weak, but lets it continue if you pay a fee
Can I ask for the respondent’s defence to be struck out?
Yes – if the response is legally flawed or abuses process, you can apply to strike it out
Can I appeal if my tribunal claim is struck out?
Yes – you can appeal to the Employment Appeal Tribunal, but you must act quickly and have legal grounds
Where can I get help if my claim might be struck out?
Download our freeEmployment Tribunal Guideor take our detailedStrike Out Survival Courseto stay on track and protect your case
RELATED RESOURCES
Blog Posts on
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Other Resources
on strike outs
Here are the Employment Tribunal Procedure Rules 2024, which contain the rules for strike outs at rule 38.
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!
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.
🎥 Other Resources
📚 Free Guide 📘
Click here for my free tribunal guide.
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