Striking out
If a claim or response is struck out, it means that it will no longer be allowed to continue in the Employment Tribunal. It is binned. Under Rule 37 of the Employment Tribunal Rules of Procedure 2013, the Employment Tribunal can strike out the whole or part of a claim or response on their own initiative or if you or your employer make an application on the following grounds: 1 The claim or response is scandalous or vexatious or has no reasonable prospect of success. 2 The manner in which the proceedings have been conducted by or on behalf of the claimant (you) or the respondent (your employer) has been scandalous, unreasonable or vexatious 3 Not complying with any of the Employment Tribunal rules or an order of the tribunal. 4 Where the claim or response has not been actively pursued. 5 Where the tribunal considers that it is no longer possible to have a fair hearing in respect of the claim or response (or the part to be struck out) [see How to get a default judgment in the Employment Tribunal , Application for a default Judgment in the Employment Tribunal]