§ Lords amendment: No. 34.
§ Alan Johnson
These amendments were made in response to the concern that the power to strike out at a pre-hearing review should be included in the primary legislation, rather than in employment tribunal procedure regulations. In particular, the concern was that striking out at the pre-hearing review stage might be permissible in circumstances that go beyond those in which striking out is possible at other stages in the proceedings.
We had always intended that strike-out at the pre-hearing review would be possible on very limited grounds, not going beyond those permitted elsewhere in the tribunal rules. Those grounds are failure to comply with an order or direction imposed by the tribunal, or when the originating application or notice of appearance or anything in it is scandalous, misconceived or vexatious. Hence we were content to spell that out in the Bill, which is what these amendments do, so I ask the House to support them.
§ Lords amendment No. 34 agreed to.
§ Lords amendments Nos. 35 and 36 agreed to.