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Strike Out Application Guide
Summary
A strike out application in the Employment Tribunal can be made by a claimant against a respondent for reasons such as false statements on ET3, unfair appeal processes, mismanagement, and failure to disclose evidence. The application should clearly outline these grounds, supported by relevant documents. Additionally, the respondents behavior may be cited as violating Rule 2 of the Employment Tribunal Rules, which emphasizes fair and efficient case management. Rule 2 also allows for striking out claims or responses that are scandalous, vexatious, or lack reasonable grounds. Understanding these elements can help in effectively presenting a case for striking out a response.Full Conversation
How to word the vexatious and scandalous and no chance if a fair hearing reasons
To word the reasons for your strike out application based on vexatious, scandalous, and no chance of a fair hearing, you can structure them as follows:
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Reason *: Vexatious Claim
- The claim is designed to harass or burden the respondent without merit.
- Example: The claimant has repeatedly filed similar claims that have been dismissed.
Reason *: Scandalous Allegations
- The allegations are offensive and irrelevant to the case.
- Example: The claimant has made defamatory statements that do not relate to the employment issue at hand.
Reason *: No Chance of a Fair Hearing
- The nature of the claim or the behavior of the claimant makes it impossible to have a fair hearing.
- Example: The claimant has manipulated evidence or has a history of dishonesty in related proceedings.
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Would you like assistance on how to gather supporting evidence for these reasons?
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Reason *: Vexatious Claim
- The claim is designed to harass or burden the respondent without merit.
- Example: The claimant has repeatedly filed similar claims that have been dismissed.
Reason *: Scandalous Allegations
- The allegations are offensive and irrelevant to the case.
- Example: The claimant has made defamatory statements that do not relate to the employment issue at hand.
Reason *: No Chance of a Fair Hearing
- The nature of the claim or the behavior of the claimant makes it impossible to have a fair hearing.
- Example: The claimant has manipulated evidence or has a history of dishonesty in related proceedings.
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Would you like assistance on how to gather supporting evidence for these reasons?
The strike out is made by the claimant against the respondent - please reword
Sure, here's the revised version for a strike out application made by the claimant against the respondent in the Employment Tribunal:
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Employment Tribunal
Case Number: [Insert Case Number]
Claimant's Name: [Insert Claimant's Name]
Respondent's Name: [Insert Respondent's Name]
Application to Strike Out
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I, [Claimant's Name], hereby apply to strike out the response of [Respondent's Name] on the following grounds:
*. Vexatious Response:
- The response is intended to harass or burden the claimant without merit.
- Example: The respondent has repeatedly filed similar responses that have been dismissed.
*. Scandalous Allegations:
- The allegations are offensive and irrelevant to the case.
- Example: The respondent has made defamatory statements that do not relate to the employment issue at hand.
*. No Chance of a Fair Hearing:
- The nature of the response or the behavior of the respondent makes it impossible to have a fair hearing.
- Example: The respondent has manipulated evidence or has a history of dishonesty in related proceedings.
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Supporting Evidence:
- Document *: [Brief description of the document and its relevance]
- Document *: [Brief description of the document and its relevance]
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Conclusion:
Based on the above reasons and supporting evidence, I respectfully request that the Tribunal strike out the response of [Respondent's Name].
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Signature:
Date: [Insert Date]
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Would you like more detailed information on any specific part of the application?
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Employment Tribunal
Case Number: [Insert Case Number]
Claimant's Name: [Insert Claimant's Name]
Respondent's Name: [Insert Respondent's Name]
Application to Strike Out
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I, [Claimant's Name], hereby apply to strike out the response of [Respondent's Name] on the following grounds:
*. Vexatious Response:
- The response is intended to harass or burden the claimant without merit.
- Example: The respondent has repeatedly filed similar responses that have been dismissed.
*. Scandalous Allegations:
- The allegations are offensive and irrelevant to the case.
- Example: The respondent has made defamatory statements that do not relate to the employment issue at hand.
*. No Chance of a Fair Hearing:
- The nature of the response or the behavior of the respondent makes it impossible to have a fair hearing.
- Example: The respondent has manipulated evidence or has a history of dishonesty in related proceedings.
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Supporting Evidence:
- Document *: [Brief description of the document and its relevance]
- Document *: [Brief description of the document and its relevance]
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Conclusion:
Based on the above reasons and supporting evidence, I respectfully request that the Tribunal strike out the response of [Respondent's Name].
---
Signature:
Date: [Insert Date]
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Would you like more detailed information on any specific part of the application?
It’s based on false statements on ET3, unfair appeal process and mismanagement and failure to disclose evidence re claimants SAR intended to harass and burden the claimant without merit
To address your situation in the Employment Tribunal (ET) based on the specifics you provided, consider these points for your strike out application:
Employment Tribunal
Case Number: [Insert Case Number]
Claimant's Name: [Insert Claimant's Name]
Respondent's Name: [Insert Respondent's Name]
Application to Strike Out
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I, [Claimant's Name], hereby apply to strike out the response of [Respondent's Name] on the following grounds:
*. False Statements on ET3:
- The respondent has made false statements on their ET3 response.
- Example: [Provide an example of a false statement].
*. Unfair Appeal Process:
- The appeal process has been unfair and biased against the claimant.
- Example: [Provide an example of how the process was unfair].
*. Mismanagement and Failure to Disclose Evidence:
- The respondent has mismanaged the process and failed to disclose evidence related to the claimant's Subject Access Request (SAR), intending to harass and burden the claimant without merit.
- Example: [Provide an example of mismanagement or failure to disclose].
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Supporting Evidence:- Document *: [Brief description of the document and its relevance]
- Document *: [Brief description of the document and its relevance]
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Conclusion:
Based on the above reasons and supporting evidence, I respectfully request that the Tribunal strike out the response of [Respondent's Name].
---
Signature:
Date:** [Insert Date]
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Would you like more detailed information on gathering supporting evidence or any other part of the application?
Case Number: [Insert Case Number]
Claimant's Name: [Insert Claimant's Name]
Respondent's Name: [Insert Respondent's Name]
Application to Strike Out
---
I, [Claimant's Name], hereby apply to strike out the response of [Respondent's Name] on the following grounds:
*. False Statements on ET3:
- The respondent has made false statements on their ET3 response.
- Example: [Provide an example of a false statement].
*. Unfair Appeal Process:
- The appeal process has been unfair and biased against the claimant.
- Example: [Provide an example of how the process was unfair].
*. Mismanagement and Failure to Disclose Evidence:
- The respondent has mismanaged the process and failed to disclose evidence related to the claimant's Subject Access Request (SAR), intending to harass and burden the claimant without merit.
- Example: [Provide an example of mismanagement or failure to disclose].
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Supporting Evidence:- Document *: [Brief description of the document and its relevance]
- Document *: [Brief description of the document and its relevance]
---
Conclusion:
Based on the above reasons and supporting evidence, I respectfully request that the Tribunal strike out the response of [Respondent's Name].
---
Signature:
Date:** [Insert Date]
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Would you like more detailed information on gathering supporting evidence or any other part of the application?
Add in something about it respondents behaviour and actions are against rule *
To include a point about the respondent's behavior and actions being against Rule *, you can modify your strike out application as follows:
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Employment Tribunal
Case Number: [Insert Case Number]
Claimant's Name: [Insert Claimant's Name]
Respondent's Name: [Insert Respondent's Name]
Application to Strike Out
---
I, [Claimant's Name], hereby apply to strike out the response of [Respondent's Name] on the following grounds:
*. False Statements on ET3:
- The respondent has made false statements on their ET3 response.
- Example: [Provide an example of a false statement].
*. Unfair Appeal Process:
- The appeal process has been unfair and biased against the claimant.
- Example: [Provide an example of how the process was unfair].
*. Mismanagement and Failure to Disclose Evidence:
- The respondent has mismanaged the process and failed to disclose evidence related to the claimant's Subject Access Request (SAR), intending to harass and burden the claimant without merit.
- Example: [Provide an example of mismanagement or failure to disclose].
*. **Violation of Rule *:
- The respondent's behavior and actions are against Rule * of the Employment Tribunal Rules of Procedure, which prohibits vexatious and scandalous conduct.
- Example: [Provide an example of behavior violating Rule *].
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Supporting Evidence:
- Document *: [Brief description of the document and its relevance]
- Document *: [Brief description of the document and its relevance]
---
Conclusion:
Based on the above reasons and supporting evidence, I respectfully request that the Tribunal strike out the response of [Respondent's Name].
---
Signature:
Date: [Insert Date]
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Would you like more detailed information on gathering supporting evidence or any other part of the application?
---
Employment Tribunal
Case Number: [Insert Case Number]
Claimant's Name: [Insert Claimant's Name]
Respondent's Name: [Insert Respondent's Name]
Application to Strike Out
---
I, [Claimant's Name], hereby apply to strike out the response of [Respondent's Name] on the following grounds:
*. False Statements on ET3:
- The respondent has made false statements on their ET3 response.
- Example: [Provide an example of a false statement].
*. Unfair Appeal Process:
- The appeal process has been unfair and biased against the claimant.
- Example: [Provide an example of how the process was unfair].
*. Mismanagement and Failure to Disclose Evidence:
- The respondent has mismanaged the process and failed to disclose evidence related to the claimant's Subject Access Request (SAR), intending to harass and burden the claimant without merit.
- Example: [Provide an example of mismanagement or failure to disclose].
*. **Violation of Rule *:
- The respondent's behavior and actions are against Rule * of the Employment Tribunal Rules of Procedure, which prohibits vexatious and scandalous conduct.
- Example: [Provide an example of behavior violating Rule *].
---
Supporting Evidence:
- Document *: [Brief description of the document and its relevance]
- Document *: [Brief description of the document and its relevance]
---
Conclusion:
Based on the above reasons and supporting evidence, I respectfully request that the Tribunal strike out the response of [Respondent's Name].
---
Signature:
Date: [Insert Date]
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Would you like more detailed information on gathering supporting evidence or any other part of the application?
What’s rule *?
Rule * of the Employment Tribunal Rules of Procedure generally addresses the Tribunal's power to manage cases, which includes striking out claims or responses that are:
- Scandalous
- Vexatious
- Misconceived
- Lack reasonable grounds
Would you like more details on how Rule * can be applied in your case?
- Scandalous
- Vexatious
- Misconceived
- Lack reasonable grounds
Would you like more details on how Rule * can be applied in your case?
I thought it was for parties to work together fairly to resolve matters?
The Employment Tribunal Rules do emphasize fair resolution of disputes; however, Rule * also empowers tribunals to manage cases efficiently, including striking out claims or responses that are vexatious or lack merit.
- Rule * emphasizes fairness and efficiency.
- Striking out is a tool to prevent abuse of the process.
Would you like to know more about how Rule * applies in practice?
- Rule * emphasizes fairness and efficiency.
- Striking out is a tool to prevent abuse of the process.
Would you like to know more about how Rule * applies in practice?
Yes
Rule * of the Employment Tribunal Rules does emphasize the fair and efficient resolution of disputes. It includes:
- The need for parties to cooperate and resolve matters fairly.
- The Tribunal’s power to strike out claims or responses that are scandalous, vexatious, or lack reasonable grounds.
Would you like more examples of how Rule * has been applied in previous cases?
- The need for parties to cooperate and resolve matters fairly.
- The Tribunal’s power to strike out claims or responses that are scandalous, vexatious, or lack reasonable grounds.
Would you like more examples of how Rule * has been applied in previous cases?
Yes
Rule * of the Employment Tribunal Rules emphasizes both cooperation between parties and the Tribunal's power to manage cases efficiently. Here are a few examples:
- Scandalous Conduct: Cases where one party makes offensive or irrelevant allegations.
- Vexatious Behavior: Instances where repetitive, meritless claims or responses are filed.
- Misconceived Claims: Situations where claims have no legal basis.
Would you like details on a specific example or any further assistance?
- Scandalous Conduct: Cases where one party makes offensive or irrelevant allegations.
- Vexatious Behavior: Instances where repetitive, meritless claims or responses are filed.
- Misconceived Claims: Situations where claims have no legal basis.
Would you like details on a specific example or any further assistance?
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