What does strike out mean in an employment tribunal?

When the tribunal strikes out a claim, it ends all or part of the case before a final hearing. This is a powerful step under the rule 38 of the Employment Tribunal Procedure Rules 2024, designed for hopeless, uncomplied-with or improper claims. For litigants in person, a strike out can feel sudden—but understanding it gives you the tools to respond effectively.

When can a tribunal strike out a claim?

Tribunals may strike out all or part of a claim at any stage if it:

• Has no reasonable prospect of success, meaning it's almost impossible to win;
• Breaches tribunal rules or hasn't complied with an order;
• Is scandalous, vexatious or abuses process;
• Is not actively pursued

and would make a fair hearing impossible.

What happens if a strike out application is made?

1. The tribunal or respondent applies for strike out—either in writing before a hearing or verbally during it.
2. You must be given a chance to respond, in writing or at a preliminary hearing.
3. The judge decides whether your claim truly meets the high strike out threshold. They view your case at its strongest—'at its highest'—and won't strike it out if any realistic chance of winning exists.

Why tribunals set such a high bar?

A strike out is final and draconian: there's no final hearing or evidence testing. Judges are cautious, especially with litigants in person. In Cox v Adecco, the Employment Appeal Tribunal landed firmly on the principle that the case must be clear before you strike it out:

"You can't decide whether a claim has reasonable prospects of success if you don't know what it is"

You must identify your specific claims before any assessment of the merits of them can be undertaken, however failing or refusing to provide such clarity can result in strike out. Whilst the tribunal will help LiPs present their case, weak ones can be struck out.