Claimant v Wincanton Group Limited
Outcome
Individual claims
Claimant failed to pay deposit of £200 ordered on 25 February 2025 within the required 21-day period, and subsequently confirmed he did not wish to pursue this complaint. Struck out under rule 40(4) for non-payment of deposit.
Claimant failed to pay deposit of £200 ordered on 25 February 2025 within the required 21-day period, and subsequently confirmed he did not wish to pursue this complaint. Struck out under rule 40(4) for non-payment of deposit.
Facts
The Claimant brought claims including age and sex discrimination alleging the Respondent failed to pay notice pay and holiday pay immediately. A deposit order of £200 was made on 25 February 2025 indicating these discrimination complaints had little reasonable prospect of success. The Claimant failed to pay the deposit within 21 days and on 19 March 2025 confirmed he did not wish to pursue these complaints.
Decision
The tribunal struck out the age and sex discrimination complaints under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to non-payment of the deposit. The Claimant's remaining claims continue to be pursued.
Practical note
Failure to pay a deposit order within the required timeframe results in automatic strike-out of the relevant complaints, even where a claimant has other continuing claims.
Legal authorities cited
Statutes
Case details
- Case number
- 3303044/2023
- Decision date
- 9 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No