Cases→1402411/2021

Claimant v HM Revenue & Customs

16 July 2025Before Employment Judge Edmonds

Outcome

Claimant fails

Individual claims

Direct Discrimination(age)struck out

Struck out for non-payment of a £40 deposit ordered following a preliminary hearing on 9 March 2023 under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Victimisationstruck out

Struck out for non-payment of a £40 deposit ordered following a preliminary hearing on 9 March 2023 under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Direct Discrimination(age)struck out

Struck out for non-payment of a £40 deposit ordered following a preliminary hearing on 9 March 2023 under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Direct Discrimination(race)struck out

Struck out for non-payment of a £40 deposit ordered following a preliminary hearing on 9 March 2023 under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Direct Discrimination(religion)struck out

Struck out for non-payment of a £40 deposit ordered following a preliminary hearing on 9 March 2023 under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Failure to Make Reasonable Adjustments(disability)struck out

Struck out for non-payment of a £40 deposit ordered following a preliminary hearing on 9 March 2023 under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Facts

The claimant brought multiple allegations of age, race, and religion/belief discrimination, victimisation, and failure to make reasonable adjustments against HMRC relating to events between October 2019 and April 2021. Following a preliminary hearing on 9 March 2023, the tribunal ordered the claimant to pay a deposit of £40 for each of ten specific allegations. The claimant failed to pay the required deposit despite being sent the order and an explanatory note.

Decision

The tribunal struck out ten specific allegations under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the deposit orders totalling £400. The remainder of the claimant's claims were not affected by this strike out.

Practical note

Failure to pay a deposit order made at a preliminary hearing will result in automatic strike out of the relevant allegations under rule 39(4), though other claims in the case may continue.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 rule 39(4)

Case details

Case number
1402411/2021
Decision date
16 July 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
HM Revenue & Customs
Sector
central government
Represented
No

Claimant representation

Represented
No
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