Employment tribunals (11): striking out a claim or response (old rules) | Practical Law

Employment tribunals (11): striking out a claim or response (old rules) | Practical Law

A tribunal might strike out a claim (ET1) or response (ET3) at either a pre-hearing review (PHR) or a full hearing, or for non-compliance with an unless order. This note considers the grounds on which a claim or response can be struck out. It also considers steps that can be taken to obtain a restriction of proceedings order against a vexatious litigant and in the conduct of proceedings involving a claimant who appears to lack mental capacity.

Employment tribunals (11): striking out a claim or response (old rules)

Practical Law UK Practice Note 4-376-4461 (Approx. 22 pages)

Employment tribunals (11): striking out a claim or response (old rules)

by PLC Employment
Law stated as at 28 Jul 2013 • England, Scotland, Wales
A tribunal might strike out a claim (ET1) or response (ET3) at either a pre-hearing review (PHR) or a full hearing, or for non-compliance with an unless order. This note considers the grounds on which a claim or response can be struck out. It also considers steps that can be taken to obtain a restriction of proceedings order against a vexatious litigant and in the conduct of proceedings involving a claimant who appears to lack mental capacity.
NOTE: This note explains the procedure under the Employment Tribunals Rules of Procedure 2004, which are no longer in force. On 29 July 2013, these were replaced by the Employment Tribunals Rules of Procedure 2013. For details of practice and procedure generally under the 2013 rules, see Employment Tribunals Rules of Procedure 2013 toolkit.
For details of striking out under the 2013 rules, see Practice note, Employment tribunals (18): striking out a claim or response.