Claimant v Bourne Education Trust
Outcome
Individual claims
Six allegations of direct race discrimination were struck out at a preliminary hearing on 5th February 2025. The claimant's application to reconsider and revoke this strike-out decision was refused at this hearing.
The tribunal varied the previous strike-out judgment to also apply to harassment related to race claims arising from the same factual allegations as the direct discrimination claims.
Struck out under rule 40(4) because the claimant failed to pay the required £50 deposit for each allegation (nine allegations total) ordered at the preliminary hearing on 5th February 2025. The order was sent on 26th March 2025 but the deposit was not paid.
Struck out under rule 40(4) because the claimant failed to pay the required deposit ordered at the preliminary hearing on 5th February 2025.
Facts
The claimant brought claims of race and age discrimination against an education trust and an individual. At a preliminary hearing on 5th February 2025, six allegations of direct race discrimination were struck out, and the claimant was ordered to pay a £50 deposit per allegation for nine age discrimination claims. The claimant did not pay the deposit by the deadline.
Decision
The tribunal refused the claimant's reconsideration application regarding race discrimination claims and extended the strike out to harassment claims related to race. All age discrimination claims were struck out under rule 40(4) due to non-payment of the ordered deposit.
Practical note
Failure to comply with a deposit order will result in automatic strike out of claims under rule 40(4) of the Employment Tribunal Procedure Rules 2024.
Legal authorities cited
Statutes
Case details
- Case number
- 2304599/2023
- Decision date
- 5 February 2025
- Hearing type
- reconsideration
- Hearing days
- 3
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep