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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