Claimant v Gap Organics Limited
Outcome
Individual claims
Claimant was ordered to pay a deposit of £25.00 to pursue this complaint at a preliminary hearing on 14 November 2024. The order was sent on 4 December 2024. The claimant failed to pay the deposit and the complaint was struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.
Claimant was ordered to pay a deposit of £25.00 to pursue this complaint against the second respondent at a preliminary hearing on 14 November 2024. The order was sent on 4 December 2024. The claimant failed to pay the deposit and the complaint was struck out under rule 39(4).
Facts
The claimant Mr Palmer brought claims of automatic unfair dismissal under section 103A ERA 1996 (whistleblowing) against two respondent companies, Gap Organics Limited and Gap Group North East Limited. At a preliminary hearing on 14 November 2024, the tribunal ordered the claimant to pay deposits of £25.00 for each claim. The order was sent to the claimant on 4 December 2024, but the claimant failed to pay the required deposits.
Decision
Employment Judge Aspden struck out both automatic unfair dismissal claims under rule 39(4) of the Employment Tribunals Rules of Procedure 2013 due to the claimant's failure to pay the ordered deposits. The claimant had been given the opportunity to pay modest deposits of £25.00 each but did not comply with the order.
Practical note
Failure to pay a deposit ordered at a preliminary hearing will result in automatic strike out of claims under rule 39(4), regardless of the merits or the modest amount involved.
Legal authorities cited
Statutes
Case details
- Case number
- 2500747/2024
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No