Claimant v Oldrid & Co., Limited
Outcome
Individual claims
The claim was struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024 because the claimant failed to pay a deposit of £10 that was ordered following a preliminary hearing on 10 January 2025. The deposit order was sent to the claimant on 20 January 2025 but was not paid.
This claim was brought under s.103A Employment Rights Act 1996 relating to automatic unfair dismissal for making a protected disclosure. It was struck out along with the automatic unfair dismissal claim for failure to pay the deposit order.
Facts
The claimant brought a claim of automatic unfair dismissal for making a protected disclosure under s.103A Employment Rights Act 1996 against Oldrid & Co., Limited. Following a preliminary hearing on 10 January 2025, the tribunal ordered the claimant to pay a deposit of £10. The order was sent to the claimant on 20 January 2025 but the claimant failed to pay the deposit. A full merits hearing had been scheduled for 1-3 September 2025.
Decision
The tribunal struck out the claim under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to pay the deposit of £10. The scheduled hearing for September 2025 was cancelled.
Practical note
Failure to pay even a minimal deposit order will result in automatic strike-out of a claim under rule 40(4) of the ET Procedure Rules 2024, regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6002454/2023
- Decision date
- 4 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No