The Employment Tribunal Procedure Rules 2024
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29 Dismissal of response or reply
(1) If the Tribunal considers that the response or reply, or part of it, does not contain any grounds on which the person advancing the response or reply relies or has no reasonable prospect of success the Tribunal must send a notice to the parties— (a) setting out the Tribunal’s view and the reasons for it, (b) ordering that the response or reply, or part of it, is dismissed on such date as is specified in the notice unless before that date the Tribunal has received written representations from the party advancing the response or reply explaining why the response or reply, or part of it, should not be dismissed, and (c) specifying the consequences of the dismissal of the response or reply, in accordance with paragraph (5). (2) If the Tribunal has not received written representations before the date specified in the notice under paragraph (1)(b), the response or reply is dismissed without further order, and the Tribunal must write to the parties to confirm what has occurred. (3) If the Tribunal receives written representations before the date specified in the notice under paragraph (1)(b), the written representations must be considered by the Tribunal, who must either permit the response or reply, or part of it, to stand or fix a hearing for the purpose of deciding whether it should permit the response or reply to stand. The party advancing the claim to which the response or reply relates may, but need not, attend and participate in the hearing. (4) If the response or reply, or any part of it, is permitted to stand, the Tribunal must make a case management order. (5) Where a response is dismissed, the effect is as if no response had been presented and rule 22 (effect of non-presentation or rejection of response, or case not contested) applies. (6) Where a reply is dismissed, the effect is as if no reply had been presented and rule 22 applies, as modified by rule 26(2) (replying to an employer’s contract claim).
29 Dismissal of response or reply
(1) If the Tribunal considers that the response or reply, or part of it, does not contain any grounds on which the person advancing the response or reply relies or has no reasonable prospect of success the Tribunal must send a notice to the parties— (a) setting out the Tribunal’s view and the reasons for it, (b) ordering that the response or reply, or part of it, is dismissed on such date as is specified in the notice unless before that date the Tribunal has received written representations from the party advancing the response or reply explaining why the response or reply, or part of it, should not be dismissed, and (c) specifying the consequences of the dismissal of the response or reply, in accordance with paragraph (5). (2) If the Tribunal has not received written representations before the date specified in the notice under paragraph (1)(b), the response or reply is dismissed without further order, and the Tribunal must write to the parties to confirm what has occurred. (3) If the Tribunal receives written representations before the date specified in the notice under paragraph (1)(b), the written representations must be considered by the Tribunal, who must either permit the response or reply, or part of it, to stand or fix a hearing for the purpose of deciding whether it should permit the response or reply to stand. The party advancing the claim to which the response or reply relates may, but need not, attend and participate in the hearing. (4) If the response or reply, or any part of it, is permitted to stand, the Tribunal must make a case management order. (5) Where a response is dismissed, the effect is as if no response had been presented and rule 22 (effect of non-presentation or rejection of response, or case not contested) applies. (6) Where a reply is dismissed, the effect is as if no reply had been presented and rule 22 applies, as modified by rule 26(2) (replying to an employer’s contract claim).
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