Claimant v HM Revenue & Customs
Outcome
Individual claims
The claimant was ordered to pay a deposit of £3,250 following a preliminary hearing. The claimant failed to pay the deposit by the required date, and the claim was therefore struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024.
Maternity discrimination claim struck out for non-payment of the £3,250 deposit ordered by the tribunal following preliminary hearing.
Sex discrimination claim struck out for non-payment of the £3,250 deposit ordered by the tribunal following preliminary hearing.
Harassment related to disability claim struck out for non-payment of the £3,250 deposit ordered by the tribunal following preliminary hearing.
Disability discrimination claim struck out for non-payment of the £3,250 deposit ordered by the tribunal following preliminary hearing.
Facts
Miss Dean brought claims of pregnancy and maternity discrimination, sex discrimination, harassment related to disability, and disability discrimination against HMRC. Following a preliminary hearing held over two days in October 2024 and January 2025, the tribunal ordered the claimant to pay a deposit of £3,250. The order was sent to the claimant on 13 March 2025, but she failed to pay the deposit.
Decision
The tribunal struck out all of the claimant's claims under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to her failure to pay the deposit of £3,250 that had been ordered at the preliminary hearing. The strike-out was automatic upon non-payment of the deposit.
Practical note
Failure to pay a tribunal-ordered deposit by the specified deadline results in automatic strike-out of claims under rule 40(4), regardless of the merits of the underlying case.
Legal authorities cited
Statutes
Case details
- Case number
- 2500639/2024
- Decision date
- 11 June 2025
- Hearing type
- strike out
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- No
Claimant representation
- Represented
- No