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Content Hub/FAQ Strike Outs/What are the grounds for striking out?

Wednesday, July 09, 2025

FAQ Strike Outs

What are common reasons for strike out in employment tribunal claims?

<< Can my claim be struck out before the Final Hearing?

Strike Out FAQ

What happens if the Respondent applies to strike my claim out? >>

The grounds for striking out a claim are set out in the rule 38 of the Employment Tribunal Procedure Rules 2024. They include:

1 No reasonable prospects of success

The tribunal may strike out a claim if it clearly has no reasonable prospect of success, meaning even viewing the case at its strongest, it would almost certainly fail.

2. Non‑compliance with tribunal rules or orders

Failing to obey court directions—such as submitting documents late or not attending a hearing—can lead to strike out. This also coversUnless Orders, which threaten dismissal if you don’t comply.Non‑compliance with tribunal rules or orders.

3. Scandalous, vexatious or abusive conduct

If your actions are deemed abusive or designed to intimidate, the tribunal can strike out your claim. For example, use of aggressive language or repeated baseless allegations can trigger strike out.

4. Failing to actively pursue the claim

If you simply fail to prepare or participate—like sending nothing further after filing—the tribunal may deem you aren’t actively pursuing and strike out part or all of your case.

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!

🤝 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

🔗 Drafting ET1's and Particulars of Claim

🗂️ Case Management

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

🔗 Case Management Hearings guidance

🎥 Case Management Hearings course

📑 Case Management Hearing Preparation Service

⚖️ Preliminary Applications and Hearings

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

🔗 Strike out content

🔗 Who will be in tribunal?

📂 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.

🔗 Witness statements guidance

🏛️ Final Hearings

This is when your case is decided by the tribunal.

🔗 Who will be in tribunal?

💷 Remedies

If you win, this stage decides compensation or reinstatement

🔗 Injury to feelings damages

🔁 Appeals

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