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 the deposit of £100 ordered following a preliminary hearing on 21 May 2025. The deposit order was sent to the claimant on 27 May 2025 but remained unpaid, resulting in automatic strike out.
Facts
The claimant brought a disability discrimination claim against Tesco. Following a preliminary hearing on 21 May 2025, the tribunal ordered the claimant to pay a deposit of £100. The order was sent to the claimant on 27 May 2025. The claimant failed to pay the deposit within the required timeframe.
Decision
The tribunal struck out the disability discrimination claim under rule 40(4) of the Employment Tribunal Procedure Rules 2024 because the claimant failed to pay the deposit of £100 that had been ordered at a preliminary hearing. This was an automatic consequence of non-payment.
Practical note
Failure to pay a deposit ordered by the tribunal results in automatic strike out of the claim under rule 40(4), with no discretion for the tribunal to extend time or allow the claim to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2500020/2025
- Decision date
- 21 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Tesco
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No