Claimant v Total Support Services Limited
Outcome
Individual claims
The claim was struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 because the claimant failed to pay a deposit of £100 ordered following a preliminary hearing on 18 August 2025. The deposit order was sent on 21 August 2025 but remained unpaid.
Facts
The claimant brought a direct disability discrimination claim relating to the respondent not paying him in lieu of accrued holiday upon return from long-term sickness absence. Following a preliminary hearing on 18 August 2025, the claimant was ordered to pay a deposit of £100. The order was sent to him on 21 August 2025. The claimant failed to pay the deposit within the required time.
Decision
The tribunal struck out the disability discrimination claim under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to pay the £100 deposit ordered at the preliminary hearing. This procedural failure resulted in the claim being dismissed without consideration of its merits.
Practical note
Failure to comply with a deposit order following a preliminary hearing results in automatic strike out of the relevant claim under rule 40(4) of the Employment Tribunal Procedure Rules.
Legal authorities cited
Statutes
Case details
- Case number
- 2305936/2024
- Decision date
- 15 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No