Cases3308898/2023

Claimant v Secretary of State for the Home Office

11 March 2025Before Employment Judge QuillLondon Centralon papers

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)struck out

Claimant failed to pay the deposit of £100 ordered following preliminary hearing on 19 July 2024. The complaint was struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 for non-payment of deposit.

Direct Discrimination(race)struck out

Claimant failed to pay the deposit of £100 ordered following preliminary hearing on 19 July 2024. The complaints at paragraphs 3.2.2 and 3.2.3 of the list of issues were struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 for non-payment of deposit.

Direct Discrimination(race)not determined

This claim, relating to paragraph 3.2.1 of the list of issues, was not struck out by this judgment. It remains live but subject to a separate strike out warning under Rule 37.

Facts

The claimant brought claims of disability discrimination and race discrimination against the Home Office. Following a preliminary hearing on 19 July 2024 before Employment Judge Skehan, the claimant was ordered to pay two deposits of £100 each. The order was sent to the claimant on 18 September 2024, but the claimant failed to pay either deposit.

Decision

Employment Judge Quill struck out all disability discrimination claims and two specific race discrimination complaints (paragraphs 3.2.2 and 3.2.3 of the list of issues) under Rule 39(4) for failure to pay the ordered deposits. One race discrimination claim (paragraph 3.2.1) remains live but is subject to a separate strike out warning.

Practical note

Failure to pay a deposit ordered following a preliminary hearing will result in automatic strike out of the relevant claims under Rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013, Rule 39(4)Employment Tribunals Rules of Procedure 2013, Rule 37

Case details

Case number
3308898/2023
Decision date
11 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
central government
Represented
Yes

Claimant representation

Represented
No