Strike Down Of Strike Out Orders

A handful of recent Employment Appeal Tribunal decisions serve as a helpful reminder as to when claims may be struck out. We consider when strike out applications will be appropriate and other strategies respondents can use.

Unreasonable behaviour by one side during Tribunal proceedings can be a source of great frustration. While the prospect of disposing of a claim at an early stage is attractive to many respondents, the reality is that Tribunals exercise this power sparingly, particularly in discrimination and whistleblowing cases.

We take a look at some recent Employment Appeal Tribunal (EAT) decisions which have provided further guidance on the circumstances in which strike out is appropriate, and some practical tips for respondents.