Claimant v Evans Turner (Finishes) Ltd
Outcome
Individual claims
Struck out under Rule 40(4) for non-payment of £100 deposit ordered at preliminary hearing. This related to allegations about Mr McEntire criticising claimant regarding drawing revisions in May 2022 and requiring her to prove previous instructions.
Struck out under Rule 40(4) for non-payment of £100 deposit. This related to multiple allegations of Mr McEntire criticising claimant in front of others, speaking fast, expecting immediate answers, and using sarcastic remarks throughout employment from March 2022 to December 2022.
Struck out under Rule 40(4) for non-payment of £100 deposit. This related to allegations of aggressive behaviour, swearing and disrespectful language by Tony Lawrence on multiple occasions from November 2022 to April 2023.
Struck out under Rule 40(4) for non-payment of £100 deposit. This related to allegations on 22 or 25 May 2023 that Mr McEntire listed minor errors, accused claimant of lateness, accused her of providing wrong information, and made unfavourable comparisons with colleague Molly.
Struck out under Rule 40(4) for non-payment of £100 deposit. This related to allegation that Tracy Moore threatened claimant with a knife on 8 March 2023.
Facts
The claimant brought multiple sex discrimination complaints against her employer Evans Turner (Finishes) Ltd relating to treatment by managers Mr McEntire and Tony Lawrence, and colleague Tracy Moore. At a preliminary hearing on 10 January 2025, the tribunal ordered the claimant to pay deposits of £100 for each of five specific complaints. The claimant failed to pay any of the deposits by the required deadline.
Decision
The tribunal struck out five specific sex discrimination complaints under Rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to pay the deposit orders made at the preliminary hearing. The claimant's remaining complaints are unaffected and will proceed to a full merits hearing listed for June 2026.
Practical note
Failure to pay a deposit order within the specified time will result in automatic strike out of the relevant complaints under Rule 40(4), regardless of their merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2304513/2023
- Decision date
- 21 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No