Cases2217528/2024

Claimant v The Royal Bank of Canada (London Branch)

7 March 2025Before Employment Judge KlimovLondon Central

Outcome

Claimant fails

Individual claims

Detrimentstruck out

The claimant was ordered to pay a deposit of £250 for this allegation following a preliminary hearing. The claimant withdrew the allegation 'under protest' and failed to pay the required deposit, resulting in the allegation being struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024.

Facts

The claimant brought allegations that the respondent bank subjected him to detriment on the ground of making a protected disclosure, including an allegation regarding delays in grievance and redundancy appeal outcomes between September and November 2023. Following a preliminary hearing on 6 February 2025, the tribunal ordered the claimant to pay deposits of £250 for each of four allegations. The claimant withdrew one allegation under protest and paid only £750, failing to pay the required deposit for that allegation.

Decision

The tribunal struck out the first allegation under rule 40(4) of the Employment Tribunal Procedure Rules 2024 because the claimant failed to pay the required deposit of £250 for that allegation within the specified time limit, having withdrawn it under protest and paid only £750 for the remaining three allegations.

Practical note

When a tribunal orders a deposit as a condition of continuing to advance an allegation, failure to pay the deposit within the specified time limit will result in automatic strike-out of that allegation under rule 40(4).

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 40(4)

Case details

Case number
2217528/2024
Decision date
7 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
financial services
Represented
No

Claimant representation

Represented
No