Initial consideration of claim or response

Rule 26(1) of the Employment Tribunal Rules 2013 says that as soon as the Employment Tribunal receives and accepts the employers response, an Employment Judge must make an initial consideration of all the available documents and decide whether the claim and employer’s defence are within the tribunal’s jurisdiction. If they are not, then under Rule 27 the Judge can strike out all or part of the claim or response if the tribunal has no jurisdiction to consider the claim, or if the claim or response (or part of the claim or response) has no reasonable prospect of success. [see How to get a default judgment in the Employment Tribunal , Application for a default Judgment in the Employment Tribunal]

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