How do I respond to a strike-out application?

When the respondent seeks to strike out your claim, you have the right to fully respond 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 assertions 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 unlikely that there will be witness evidence called.