Claimant v Chief Constable of Durham Constabulary
Outcome
Individual claims
Multiple allegations were struck out under rule 40(4) for failure to pay the deposit ordered following a preliminary hearing. The claimant failed to pay the £50 per allegation deposit by the specified date.
The claim that on 3 August 2023 the claimant was subject to less favourable treatment because of her race was specifically preserved and is not affected by the strike-out judgment. This claim remains to be determined.
Facts
Mrs Smith brought race discrimination claims against Chief Constable of Durham Constabulary. Following a preliminary hearing on 28-29 August 2025, she was ordered to pay a deposit of £50 per allegation. The order was sent on 16 October 2025. Mrs Smith failed to pay the deposit by the specified date, though she did make some payment attempt which will be returned to her.
Decision
The tribunal struck out the complaints covered by the deposit order under rule 40(4) due to non-payment. However, one specific claim relating to alleged less favourable treatment on 3 August 2023 because of race was preserved and remains to be determined.
Practical note
Failure to comply with a deposit order by the specified deadline will result in automatic strike-out of those claims under rule 40(4), though tribunals may preserve specific allegations not covered by the deposit order.
Legal authorities cited
Statutes
Case details
- Case number
- 2501007/2024
- Decision date
- 23 December 2025
- Hearing type
- strike out
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No