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

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 covers Unless Orders, which threaten dismissal if you don't comply.

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.