Claimant v Marks and Spencer PLC
Outcome
Individual claims
Allegation 2 struck out under rule 40(4) for failure to pay deposit of £250 ordered following preliminary hearing on 21 November 2024 before Employment Judge Tobin.
Allegation 3 struck out under rule 40(4) for failure to pay deposit of £250 ordered following preliminary hearing on 21 November 2024 before Employment Judge Tobin.
Allegation 5 struck out under rule 40(4) for failure to pay deposit of £250 ordered following preliminary hearing on 21 November 2024 before Employment Judge Tobin.
Allegation 7 struck out under rule 40(4) for failure to pay deposit of £250 ordered following preliminary hearing on 21 November 2024 before Employment Judge Tobin.
Allegation 9 struck out under rule 40(4) for failure to pay deposit of £250 ordered following preliminary hearing on 21 November 2024 before Employment Judge Tobin.
Allegation 11 struck out under rule 40(4) for failure to pay deposit of £250 ordered following preliminary hearing on 21 November 2024 before Employment Judge Tobin.
Facts
Mrs Li brought multiple allegations against Marks and Spencer. Following a preliminary hearing on 21 November 2024 before Employment Judge Tobin, she was ordered to pay deposits of £250 for each of allegations 2, 3, 5, 7, 9 and 11. The order was sent on 20 January 2025. Mrs Li failed to pay any of the required deposits.
Decision
Employment Judge Ross struck out allegations 2, 3, 5, 7, 9 and 11 under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to non-payment of the deposits. The claimant's other allegations remain and will proceed to a 10-day final hearing starting 5 April 2027.
Practical note
Failure to pay a deposit ordered by the tribunal results in automatic strike out of the relevant allegations under rule 40(4), even where other claims remain live.
Legal authorities cited
Statutes
Case details
- Case number
- 2401423/2024
- Decision date
- 9 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No