Outcome
Individual claims
Respondent's defence to statutory redundancy payment claim was struck out after respondent failed to pay the £250 deposit ordered by the tribunal following preliminary hearing on 18 July 2024.
Respondent's defence to claim for payment in lieu of two months' notice was struck out after respondent failed to pay the £250 deposit ordered by the tribunal following preliminary hearing on 18 July 2024.
Respondent's defence to claim for accrued but untaken annual leave was struck out after respondent failed to pay the £250 deposit ordered by the tribunal following preliminary hearing on 18 July 2024.
Facts
The claimant brought claims for statutory redundancy payment, payment in lieu of two months' notice, and accrued but untaken annual leave against the respondent. At a preliminary hearing on 18 July 2024, the respondent was ordered to pay a deposit of £250 in respect of each allegation. The respondent failed to comply with this order.
Decision
The tribunal struck out the respondent's defences to all three claims under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the respondent's failure to pay the deposit ordered at the preliminary hearing. This effectively means the claimant succeeds on all claims by default.
Practical note
Failure to comply with a deposit order made at a preliminary hearing will result in automatic strike out of the defaulting party's response under rule 40(4), allowing claims to succeed by default.
Legal authorities cited
Statutes
Case details
- Case number
- 2304100/2023
- Decision date
- 5 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Nudo Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No