Cases2303618/2022

Claimant v Going Social Ltd

4 February 2025Before Employment Judge AndrewsLondon South

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant was ordered to pay a deposit of £100 following a preliminary hearing on 09 October 2024. The claimant failed to pay the deposit and the claim was struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024.

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

The claimant was ordered to pay a deposit of £100 following a preliminary hearing on 09 October 2024. The claimant failed to pay the deposit and the claim was struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024.

Unlawful Deduction from Wagesstruck out

The claimant was ordered to provide further particulars by 4pm on 02 November 2024 but failed to do so. The tribunal concluded the claim was not being actively pursued.

Facts

The claimant brought claims for unfair dismissal, disability discrimination, and unlawful deduction of wages against his former employer Going Social Ltd. Following a preliminary hearing on 09 October 2024, Employment Judge Andrews ordered the claimant to pay a deposit of £100 for each of the unfair dismissal and disability discrimination claims. The claimant was also ordered to provide further particulars regarding the unpaid wages claim by 02 November 2024.

Decision

The tribunal struck out all three claims. The unfair dismissal and disability discrimination claims were struck out under rule 40(4) because the claimant failed to pay the required deposits. The unpaid wages claim was struck out because the claimant failed to provide the ordered further particulars and was not actively pursuing it.

Practical note

Failure to comply with deposit orders or tribunal case management orders (such as providing further particulars) will result in claims being struck out for non-pursuit.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 40(4)

Case details

Case number
2303618/2022
Decision date
4 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
technology
Represented
No

Claimant representation

Represented
No