fbpx

Strike out orders in the Employment Tribunal

Apr 15, 2021

Employment Tribunals have the power to strike out a claim at any stage if the case has no reasonable prospects of success. In the recent case of Cox v Adecco, the Employment Appeal Tribunal (EAT) found that an Employment Judge had erred in granting an application to strike out because the claims and issues had not been properly identified.

The EAT judge concisely summarised this judgment by stating:

“You can’t decide whether a claim has reasonable prospects of success if you don’t know what it is.”

Before considering strike out, or making a deposit order, it is important that reasonable steps are taken to clearly identify the claims and issues. With a litigant in person, this involves more than just requiring the Claimant at a preliminary hearing to say what the claims and issues are. An Employment Judge may be required to read the pleadings and any core documents that set out the Claimant’s claim.

The EAT stated that Respondents and Tribunals should remember that repeatedly asking for additional information and further particulars rarely assists a litigant in person to clarify their claim and that requests for additional information should be as limited and clearly focussed as possible.

To some extent this case demonstrates it should be expected of employment Tribunal judges to assist litigants in person in identifying the issues in their claims but also highlights the need for precision when requesting additional information from Claimants. Whilst it can be tempting to make an application for strike out in cases where a Claimant fails to properly set out their claim, doing so without taking appropriate steps to obtain additional information may have little chance of success and could ultimately result in unnecessary time and costs being incurred.

For further information, or to discuss the issues raised by this update, please contact our Employment Group on 0118 977 4045 or employment@herrington-carmichael.com.

 

This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.

Sign up

Enter your email address for legal updates on Employment & Immigration Law.

Please see our privacy policy regarding use of your data.


Tom Hyatt

Tom Hyatt

Trainee Solicitor, Employment Law

Contact Us

    The information you submit will be handled in accordance with our privacy policy.

    FREE: Legal Insights and Event News 

    Keep you, your family and / or business up to date on how the law affects you, by subscribing to one of our legal insights.

    Subscribe for free Legal Insights
    & Event updates

    Receive the latest legal developments and professional advice to keep your family and business safe.
    Please choose which list you would like to subscribe to below.





    Please see our privacy policy regarding use of your data.


    Latest News & Insights

    Top Legal Insights

     

    Contract Law

    Material Breach of Contract

    What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

    Property Law

    Commercial Lease: The Financial impact on Landlord and Tenant

    Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.

    Divorce and Family Law

    Divorce in Lockdown: Can I get some discreet legal advice?

    We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...

    Land & Property Dispute

    Restrictive Covenants – The Price of Modification

    Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

    Wills, Trusts and Probate

    Why is having a will so important?

    It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

    Award winning legal advice

    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.

    undefined
    undefined

    London

    60 St Martins Lane, Covent Garden, London WC2N 4JS 

    +44 (0) 203 755 0557

     

    Camberley

    Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL

    +44 (0)1276 686 222

     

    Wokingham (Appointment only)

    4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ

    +44 (0)118 977 4045

    info@herrington-carmichael.com

    © 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

    Privacy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies   |   Client Feedback