Claimant v Network Rail Infrastructure Limited

Outcome

Facts

The claimant's claim had been struck out on 2 November 2020 under Rule 39(4) for failure to pay a deposit that had been ordered by Employment Judge Davidson. The claimant had applied for reconsideration of the deposit order, but Employment Judge Elliott was unaware of this application when making the strike-out decision. The case came before the tribunal on reconsideration of the strike-out decision.

Decision

The tribunal revoked the strike-out decision of 2 November 2020. The judge found that had they been aware of the pending reconsideration application against the deposit order, the claim would not have been struck out under Rule 39(4) pending a decision on that reconsideration application.

Practical note