Grounds to have ET3 struck out ?

[Ollybert]

In my ET1 I listed 9 separate incidents of bullying and harassment. My ex-employer have submitted an ET3 that does not address any of the issues specifically. Instead they have submitted a rambling list of counter-allegations that are not connected to my claim but have not stated any wish to make a counter-claim. With regard to the specific incidents detailed in my ET1 they have simply said “We deny any of this happened and will not respond to the allegations as they have no bearing”. I was surprised the ET accepted their ET3 as it does not specify any grounds of resistance at all. We have a preliminary hearing later this week and I am wondering if I have grounds to request their response be struck out on the basis that they have not provided details of what basis they will defend the claim on ? How can there be a trial if there is no explanation of what their grounds of resistance are other than a blanket “we deny all claims” statement ?

[ULA]

At the moment you are attending is a Preliminary Hearing (PHR) this is not the full hearing which will be at a later date. One of the purposes of the PHR is to enable the tribunal judge to give directions to both parties on what more they have to do to get ready for the final tribunal hearing. If they do not feel that there has been adequate defence of the claim then they may direct the respondent to address this point.

The bar for a "strike out" application being successful is very high and it is the action of last resort by the Tribunal. It does not mean to say that you cannot ask the Judge to consider this but do not be surprised if this is not upheld.