Cases2218436/2024

Claimant v Reed in Partnership Ltd

20 January 2025Before Employment Judge Keoghon papers

Outcome

Claimant fails

Individual claims

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

Struck out under rule 40(4) for failure to pay the ordered deposit of £800 by the extended deadline of 3 January 2025, despite being granted a significant and exceptional extension of time.

Harassmentstruck out

Struck out under rule 40(4) for failure to pay the ordered deposit by the extended deadline of 3 January 2025.

Victimisationstruck out

Struck out under rule 40(4) for failure to pay the ordered deposit by the extended deadline of 3 January 2025.

Whistleblowingstruck out

Public interest disclosure detriment claim struck out under rule 40(4) for failure to pay the ordered deposit by the extended deadline of 3 January 2025.

Facts

The claimant brought claims for disability discrimination, harassment, victimisation and public interest disclosure detriment. On 20 November 2024, deposit orders totalling £800 were imposed with a deadline of 13 December 2024. Following an application citing illness and pending solicitor assessment, Employment Judge Keogh granted an extension to 3 January 2025 and required medical evidence. Despite multiple extension requests, the claimant failed to pay the deposits or provide formal medical evidence by the deadline.

Decision

The tribunal struck out all claims under rule 40(4) of the Employment Tribunal Procedure Rules 2024 for failure to pay the ordered deposits by the extended deadline. The judge refused a further extension, noting the claimant had already been granted a significant and exceptional extension, the respondent's entitlement to finality, and the prejudice to preparation for the February 2025 hearing.

Practical note

Deposit orders must be complied with by the specified deadline; even where a party is unrepresented and citing illness or pending legal advice, extensions will not be granted indefinitely and failure to pay results in mandatory strike out under rule 40(4).

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 40(4)Employment Tribunal Procedure Rules rule 37

Case details

Case number
2218436/2024
Decision date
20 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
professional services
Represented
Yes

Claimant representation

Represented
No