header-logo header-logo

Strike force

03 May 2013 / Mark Whitcombe
Issue: 7558 / Categories: Features , Employment
printer mail-detail
istock_000015646306medium

Mark Whitcombe examines the employment tribunal's approach to striking out

Applications to strike out are a much overused tactic, especially by respondents. Many applications are inappropriately made and have little chance of success. This article explores the different tests that employment tribunals will apply when considering whether to exercise their power to strike out a claim or response.

The article is split into three parts. The first part will consider both applications to strike out on the basis that a claim or response is scandalous, vexatious or has no reasonable prospect of success, and also applications to strike out on the basis that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious. The second part will deal with the striking out of claims that have not been actively pursued, striking out for non-compliance with an order or practice direction, and striking out where it is no longer possible to have a fair hearing. The third and final part will consider striking out pursuant to an “unless order”, and future

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll