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03 May 2013 / Mark Whitcombe
Issue: 7558 / Categories: Features , Employment
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Strike force

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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