Preliminary hearing: strike-out and deposit applications partially resolved
A former employee withdrew her claim for unpaid commission at a preliminary hearing. The tribunal declined to strike out the rest of her case, leaving time issues for the final hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant withdrew her claim for unpaid commission at the preliminary hearing.
- The tribunal declined to strike out any part of the claimant's case.
- The tribunal did not make a deposit order because the commission claim was withdrawn.
- Time issues remain live for the final hearing.
- A final hearing is scheduled for September 2023.
Timeline
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Respondents' applications
The respondents made applications for strike-out and deposit orders in a letter to the tribunal.
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Preliminary hearing
The tribunal held a preliminary hearing to determine the respondents' applications. The claimant withdrew her claim for unpaid commission, which was dismissed.
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Judgment issued
The judgment and order were entered in the Register and sent to the parties.
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Deadline for schedule of remedies
The claimant must deliver a schedule of all remedies claimed.
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Deadline for exchange of lists of documents
Parties must exchange lists of relevant documents.
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Deadline for inspection of documents
Parties must afford inspection facilities or supply copies.
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Deadline for agreed bundle
Parties must cooperate to agree a common bundle of documents.
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Deadline for summary of directions
Parties must write to the tribunal summarising main directions sought.
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Case management hearing
A preliminary hearing for case management will be held.
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Final hearing
A final hearing to determine all issues of liability, Polkey, and contribution will begin.
The legal issue
The tribunal had to decide whether to strike out the former employee's claims or order a deposit because they appeared to have little reasonable prospect of success, and whether the claims were brought within the time limits under the Equality Act 2010.
The outcome
The tribunal dismissed the former employee's claim for unpaid commission after she withdrew it. The respondents' applications to strike out the remaining claims or for a deposit order were not granted. The tribunal found that the time issues were live matters for the final hearing.
- No compensation awarded as the claim was withdrawn.
- The case will proceed to a final hearing in September 2023 to determine all issues of liability, Polkey, and contribution.
Lessons & takeaways
- If you have multiple claims, consider whether each has a reasonable prospect of success before the hearing to avoid withdrawal.
- Time limits for discrimination claims can be extended if there is conduct extending over a period – keep this in mind when filing.
- Preliminary hearings can resolve some issues early, but complex cases may still need a full final hearing.
This case shows how preliminary hearings can narrow the issues before a full trial. The former employee had brought claims including unpaid commission and discrimination. At the hearing, she withdrew the commission claim after the tribunal indicated it might order a deposit. The respondents had sought to strike out the entire case, but the tribunal declined, finding that the remaining claims had a reasonable prospect of success.
What the tribunal decided
The tribunal's key decision was that the time issues – whether the discrimination claims were brought in time – should be decided at the final hearing, not struck out early. This is a common battleground in discrimination cases, where the law allows a 'continuing act' to extend the deadline. The tribunal noted that the agreed list of issues did not mention the time point, and suggested the parties amend it.
What the losing side could have done differently
The respondents could have focused their strike-out application on the time point more precisely. Instead, they made a broad application that the tribunal rejected. For claimants, this case highlights the risk of pursuing weak claims – the commission claim was withdrawn, potentially wasting costs.
Why this matters
This case is a reminder that preliminary hearings are not just about striking out claims. They can also clarify the real issues and set a timetable for disclosure and witness statements. The final hearing is scheduled for 15 days in September 2023, indicating a substantial dispute remains.
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