Asking the Employment Tribunal to strike out your employer’s ET3 or part of it, means you have the chance to get your case resolved sooner. You should use this where you believe your employer’s response meets the grounds for a strike out order under Rule 37 of the Employment Tribunal Rules.
An Employment Tribunal can strike out a response or part of it when, for example, the Respondent's response has no reasonable prospect of success or they haven’t actively pursued their response. For example:
The Respondent in Mirek’s Tribunal case has submitted their ET3 and attended the Preliminary Hearing, but since then has failed to comply with any Case Management Orders.
Mirek wants to get the Respondent’s response struck out sooner rather than later, since they haven’t been progressing the case and he wants to get a quick resolution.
He therefore writes to the Tribunal to apply for a strike out of the Respondent’s response.
Once you’ve made the decision to apply for the Employment Tribunal to strike out your employer’s claim, these are your next steps. You should:
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