Claimant v Richarlison de Andrade
Outcome
Individual claims
The unfair dismissal claim was temporarily struck out for non-payment of deposit by the deadline, but the tribunal exercised discretion to extend time for payment to 16 April 2025 and revoked the strike-out, allowing the claim to proceed to full hearing subject to case management orders.
Facts
The claimant brought an unfair dismissal claim against an individual respondent. A deposit order was made on 18 March 2025 relating to whether the claim was in time, with payment due by 14 April 2025. The payment was not made by that date and was not received until mid-June 2025, triggering automatic strike-out under Rule 40(4).
Decision
The tribunal initially struck out the unfair dismissal claim for non-payment of the deposit by the deadline, but then exercised its discretion to extend time for payment to 16 April 2025 and revoked the strike-out. The claim therefore survives and will proceed subject to case management orders.
Practical note
Tribunals retain discretion to extend time for payment of deposit orders even after the deadline has passed and automatic strike-out has occurred under Rule 40(4), particularly where late payment has been made.
Legal authorities cited
Case details
- Case number
- 3302527/2024
- Decision date
- 23 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep