Unless orders were introduced by the 2004 Employment Tribunal Rules in order to allow tribunals to strike out parties without a finding that a fair trial is no longer possible. However, they must still exercise their discretion judicially. EPI Coaches v Lafferty confirms that the merits of the case is one of the factors to be considered. It is also an important reminder that, where a respondent is struck out, it does not follow that the claimant will automatically succeed. The tribunal must nevertheless make findings of fact and, if the claim is misconceived, it will fail. The appeal in this case was successfully conducted by Rad Kohanzad of Employment Law Advocates.