Claimant v DHL Services Limited
Outcome
Individual claims
The claim was struck out under rule 40(4) because the claimant failed to pay the deposit of £100 ordered in respect of each of two allegations of treatment leading to automatic unfair dismissal under s103A Employment Rights Act 1996 (whistleblowing), following a preliminary hearing on 16 December 2024.
Facts
The claimant brought a claim of automatic unfair dismissal under s103A Employment Rights Act 1996 (whistleblowing) against DHL Services Limited. At a preliminary hearing on 16 December 2024, the tribunal ordered the claimant to pay a deposit of £100 for each of two allegations relating to the whistleblowing claim. The order was sent to the claimant on 15 January 2025, but the claimant failed to pay the required deposit.
Decision
Employment Judge W Anderson struck out the claimant's automatic unfair dismissal claim under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to pay the deposit ordered at the preliminary hearing. The strike out was procedural, based on non-compliance with the deposit order.
Practical note
Failure to comply with a deposit order will result in automatic strike out of the claims to which the deposit relates, regardless of the merits of the underlying claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3303022/2023
- Decision date
- 7 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No