Outcome
Individual claims
Struck out under rule 40(4) for failure to pay the £10 deposit ordered at preliminary hearing held on 09/07/2024. The deposit order was sent on 24/07/2024 and was not paid.
Struck out under rule 40(4) for failure to pay the £10 deposit ordered at preliminary hearing held on 09/07/2024. The deposit order was sent on 24/07/2024 and was not paid.
Facts
Mr Sargent brought claims against his former employer Marstons plc for holiday pay from a previous holiday year and sex discrimination related to his dismissal. Following a preliminary hearing on 09/07/2024, the claimant was ordered to pay a deposit of £10. The order was sent to him on 24/07/2024.
Decision
The tribunal struck out both claims under rule 40(4) of the Employment Tribunals Rules of Procedure 2024 because the claimant failed to pay the £10 deposit that had been ordered at the preliminary hearing. This is a procedural strike-out for non-compliance with a tribunal order.
Practical note
Failure to comply with a deposit order, even for a small sum of £10, will result in automatic strike-out of the claims under rule 40(4).
Case details
- Case number
- 2301700/2024
- Decision date
- 12 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Marstons plc
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No