Cases6007832/2024

Claimant v Biopure Technology Ltd

29 July 2025Before Employment Judge David HughesBristolremote video

Outcome

Other

Individual claims

Unfair Dismissalnot determined

This claim was identified at case management hearing on 20.11.2024 and is proceeding to a final hearing listed for 06.10.2025. This judgment concerns only the reconsideration application of a deposit order, not the substantive merits.

Direct Discrimination(sexual orientation)not determined

Deposit order of £50 per allegation was made in respect of two specific allegations (commencing disciplinary proceedings and dismissing claimant) on grounds they had little reasonable prospect of success. The claimant's application to reconsider this deposit order was refused as having no reasonable prospect of the order being varied or revoked.

Facts

The claimant, a Polish national with clinical depression receiving PIP, brought claims of unfair dismissal and sexual orientation discrimination. At a preliminary hearing on 15.05.2025, the tribunal made a deposit order of £50 per allegation on two specific discrimination allegations relating to disciplinary proceedings and dismissal, on grounds they had little reasonable prospect of success. The claimant applied for reconsideration, arguing procedural unfairness, bias, inadequate interpretation, failure to make reasonable adjustments for his disability, and preferential treatment of the represented respondent.

Decision

Employment Judge Hughes refused the application for reconsideration on the basis that there was no reasonable prospect of the deposit order being varied or revoked. The judge found the claimant's complaints either misconceived, unsupported by evidence, or irrelevant to the deposit order made. The judge had properly considered the claimant's medical condition and financial position when making the deposit order, which was lower than the sum the claimant indicated he could pay. The deposit has been paid and the claims will proceed to a six-day final hearing listed for October 2025.

Practical note

A tribunal may refuse reconsideration of a deposit order where the claimant's complaints amount to general dissatisfaction with the process rather than identifying any error of law or fact that would give reasonable prospects of the order being varied or revoked.

Legal authorities cited

T W White & Sons Ltd v White UKEAT/0022/21/VPH v Ismail 3304712/2011Newcastle upon Tyne City Council v Marsden UKEAT/393/09 [2010] I.C.R. 743

Statutes

Employment Tribunal Rules 2024/1155 r.68-70Equality Act 2010 s.149Equality Act 2010 s.19Equality Act 2010 s.20-21Employment Tribunal Rules 2013 r.31Employment Tribunal Rules 2013 r.76Employment Tribunal Rules 2013 r.80ECHR Article 6

Case details

Case number
6007832/2024
Decision date
29 July 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep