Claimant v South Western Ambulance Service NHS Foundation Trust
Outcome
Individual claims
Allegation that respondent had actual or constructive knowledge of claimant's disability before 17 August 2023 struck out for failure to pay £25 deposit ordered following preliminary hearing on 15 October 2024.
Allegation that respondent had provision criterion or practice of ignoring the claimant's medical condition struck out for failure to pay £25 deposit ordered following preliminary hearing on 15 October 2024.
Facts
Mr Baker brought disability discrimination claims against South Western Ambulance Service NHS Foundation Trust. Following a preliminary hearing on 15 October 2024, he was ordered to pay a £25 deposit as a condition of pursuing two specific allegations: that the respondent had actual or constructive knowledge of his disability before 17 August 2023, and that the respondent had a provision criterion or practice of ignoring his medical condition. The claimant failed to pay the deposit by the deadline.
Decision
The tribunal struck out the two allegations relating to knowledge of disability and the alleged PCP under rule 40(4) of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to pay the £25 deposit. The claimant's remaining allegations will proceed to a full hearing scheduled for 2 July 2025.
Practical note
Failure to pay even a modest deposit order will result in automatic strike-out of the claims to which the deposit relates, regardless of the merits of the underlying allegations.
Legal authorities cited
Statutes
Case details
- Case number
- 1405959/2023
- Decision date
- 30 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No