Incomprehensible claim struck out: tribunal cannot proceed without a clear case

This case shows the importance of presenting a clear and understandable claim to the employment tribunal. The former employee's claim against Stanhay Webb Ltd was struck out because the claim form was incomprehensible. Even after the judge gave a warning and a chance to clarify, the employee sent phone messages in a foreign language without translation, which did not help.

What went wrong

The tribunal acknowledged that English was not the employee's first language, but stressed that the claim must be presented in English and be understandable. The claim form is not just a starting point; it must allow the tribunal and the respondent to see what is actually in dispute. Here, the claim set out no basis for any of the ticked boxes, and the employee did not take the opportunity to explain.

Why the result matters

The tribunal considered whether to hold a preliminary hearing to clarify the claim, but decided against it. The judge noted that such a hearing would require the tribunal to effectively construct the case for the employee, which goes beyond assistance and would be an unfair use of resources. This case is a reminder that while tribunals are flexible, they cannot proceed if the claim is so unclear that a fair trial is impossible.

For anyone considering a claim, the lesson is clear: your claim form must be in English and set out the facts you rely on. If you need help, seek advice or use translation services before submitting. Otherwise, your claim may be struck out before it even begins.