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

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.

For further information on PHRs, including the procedure for calling and conducting a PHR, see Practice note, Employment tribunals (10): pre-hearing reviews and deposit orders .

PLC Employment

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