Can I stop my claim from being struck out?

Published: 9th July 20252 min readStage 4 · Preliminary Applications Hearings
Can I stop my claim from being struck out?

There are various things you can do to reduce the risk of your claim being struck out.

1. Respond quickly to communications and comply with directions

The tribunal issues case management Orders follow each direction—such as submitting documents or clarifying your claim—precisely and by the date given, otherwise the tribunal may grant an Unless Order, whereby a failure to comply with it results in a strike out automatically.

2. Prepare clear, well-pleaded claims

Make sure your ET1 or response clearly explains each claim (e.g., unfair dismissal, discrimination) with dates and facts. Tribunal rules help when your claim is easy to follow.

See my FAQ on Pleadings here

3. Keep Communications calm and professional

Be factual, concise, and polite in documents. Avoid excessive detail or personal complaints that could appear vexatious or create bias.

4. Stay engaged with your claim

Treat your case like a project: track every deadline, task, and document. Digital tools and simple spreadsheets help you avoid missed actions that could lead to strike out. Don't skip directions or case management hearings. If life intervenes, inform the tribunal immediately and provide evidence—like a doctor's note—to avoid compliance issues.

Important — information, not advice. This website explains how the Employment Tribunal process works in general terms. It is legal information, not legal advice, and using it does not create a barrister–client relationship. For advice on your own circumstances you should consult a qualified lawyer.