Wednesday, July 16, 2025
While tribunals appreciate clear pleadings, they rarely strike out cases solely for imperfections—especially for litigants in person. The key is making sure the substance of your case comes through.
Tribunals give some leeway to litigants in person
Tribunals understand that unrepresented claimants may struggle with legal drafting. Tribunals should consider a LIP's case based on its substance—not just formal format. If your key facts are present, minor drafting flaws typically don’t lead to rejection.
But the tribunal can reject your claim if it is not possible to respond to, because it is so unclear.
Grounds for strike‑out—rare unless serious
Under Rule 38, tribunal strike‑out can happen if:
The claim is hopeless (no reasonable success)
It’s scandalous, vexatious, or abusive
Rules aren’t followed
The claim isn't actively pursued
And a fair hearing is impossible.
Unclear drafting alone doesn’t usually meet these thresholds—especially where substance is presentPractical Law Employment Blog+8Lewis Silkin+83PB Barristers+8.
See my resource on strike outs, here.
What tribunals expect—and won’t tolerate
Substance over form
Tribunals must read your pleadings in context, including supporting documents, before deciding on strike-out.They should understand your core complaint, not penalise minor wording errors.
Clarity where it counts
That said, tribunals will require clarity if your claim is so vague they can’t tell what you're complaining about.
What happens if clarity is needed?
The tribunal will arrange a preliminary hearing, and may request you to provide the require clarity before that hearing. You could be asked to supply additional or clarified particulars—for example, what dates, facts, or legal points you rely on
The Respondent may also ask you to provide clarity on your claims. Do not ignore this and do not wait until the Preliminary Hearing, use the time before the Preliminary Hearing to help the tribunal and show them you are co-operating, by providing the information requested.
How to reduce risk of rejection
Be clear and factual
Use numbered paragraphs, clear headings, and stick to what you know. Avoid legal jargon, but include key facts, names, dates, and why each fact matters.
Respond respectfully
If the tribunal or respondent asks for clarification, comply promptly with focused answers. This demonstrates good faith and helps keep your case on track.
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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