Cases3300062/2024

Claimant v London Borough of Barnet

28 May 2025Before Employment Judge EmeryLondon Central

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalstruck out

Claimant was ordered to pay a deposit of £360 following a preliminary hearing but failed to pay. Claim struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 for non-payment of deposit.

Whistleblowingstruck out

Claimant was ordered to pay a deposit of £360 following a preliminary hearing but failed to pay. Claim struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 for non-payment of deposit.

Direct Discrimination(sex)struck out

Claimant was ordered to pay a deposit of £360 following a preliminary hearing but failed to pay. Claim struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 for non-payment of deposit.

Harassment(sex)struck out

Claimant was ordered to pay a deposit of £360 following a preliminary hearing but failed to pay. Claim struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 for non-payment of deposit.

Victimisationstruck out

Claimant was ordered to pay a deposit of £360 following a preliminary hearing but failed to pay. Claim struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 for non-payment of deposit.

Facts

The claimant brought multiple claims against London Borough of Barnet including automatic unfair dismissal for whistleblowing, detriments for protected disclosures, sex discrimination, harassment and victimisation. Following a three-day preliminary hearing in February 2025, the tribunal ordered the claimant to pay deposits of £360 for each of the five claims. The claimant failed to pay any of the deposits by the deadline.

Decision

The tribunal struck out all five claims under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to pay the ordered deposits totalling £1,800. The strike-out was procedural rather than on the merits of the claims.

Practical note

Failure to comply with a deposit order results in automatic strike-out under rule 40(4), regardless of the potential merits of the underlying claims.

Legal authorities cited

Statutes

EqA 2010 s.13EqA 2010 s.26ERA 1996 s.103AEmployment Tribunal Procedure Rules 2024 rule 40(4)EqA 2010 s.27ERA 1996 s.47B

Case details

Case number
3300062/2024
Decision date
28 May 2025
Hearing type
strike out
Hearing days
3
Classification
procedural

Respondent

Name
London Borough of Barnet
Sector
local government
Represented
No

Claimant representation

Represented
No